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A construction project to a screeching halt when a property owner files for bankruptcy, creating a serious risk of substantial losses for the contractor, as well as subcontractors and suppliers. The list of creditors receiving the Notice should include the general contractor of an incomplete construction project. See 11 U.S.C.
Such relief may include a request to pay some unsecuredcreditors (such as employees or “critical vendors”) ahead of others. Most unsecuredcreditors won’t have their pre-petition claims paid until after a debtor’s plan of reorganization is submitted to and approved by the bankruptcy court. Plan Confirmation Issues.
Once a firm enters administration, it must pay every creditor group entirely, save for ‘prescribed part’ secured creditors, before funds are distributed to the subsequent creditor. This company property can be anything from equipment and constructions to apparatus, vehicles, and intellectual property.
A big question in these cases is whether there will be any money to satisfy unsecuredcreditor claims. If there are funds to distribute, then the creditors’ claims will become more valuable, and the cases will become even more interesting. In 2022, there were several high-profile crypto bankruptcy filings.
The client might not have the cash on hand to pay right away (this is a concern in the construction sector where milestone payments are typical or in the rural / farming sector where income is dependant on seasonal crop harvesting). . As a result, it is significantly safer than an unsecuredcreditor in the case of insolvency. .
Company assets could include anything from equipment and constructions to vehicles and intellectual property. What is a secured loan? To reduce the lender’s risk exposure, a secured business loan provides them with collateral – a company asset. Therefore, secured loans tend to be for larger amounts.
In evaluating the Texas Business & Commerce Code and title 11 of the United States Code (the “Bankruptcy Code”), the United States Bankruptcy Court for the Southern District of Texas, in In Re Burts Construction, Inc., held that a secured creditor has the right to receive monetary payment for property sales based on its lien on “accounts.”
According to the objecting creditor, the plan would allow the debtor to continue to paying certain extravagant expenses and otherwise continue her enjoyment of an above average lifestyle. [6] 7] It noted that the debt owed to the objecting creditor was business-related, and not due to the debtor’s personal or familial expenses. [8]
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