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How Can a Secured Creditor Repossess Collateral Without Breaching the Peace?

Jimerson Firm

In the event the borrower defaults, usually by failing to make loan payments, a secured creditor has a right to take possession of the collateral. The quickest and cheapest way for a secured creditor to take possession of the collateral is by self-help repossession. 679.609, Fla. What Does it Mean to “Breach the Peace”?

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SBA Loans: How to Maximize Recovery by Liquidating Personal Property

Jimerson Firm

Self-Help Repossession: In Florida, a secured creditor may use self-help repossession to take possession of collateral, provided its efforts do not breach the peace. Florida case law provides that a breach of the peace occurs if the secured creditor enters the debtor’s land to repossess the collateral, without the debtor’s consent.

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Brit Suttell Awarded Prestigious Donald Kramer Award

BN Lawyers

Brit Suttell wins the National Creditors Bar Association Donald Kramer Award for efforts on behalf of Credit and Legal Collections Industry. AUSTIN, TEXAS, USA, October 23, 2020 / EINPresswire.com / — Brit Suttell has been awarded the National Creditor’s Bar Association’s Donald Kramer Award. Barron & Newburger, P.C.

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SBA Loans: How to Maximize Recovery by Liquidating Real Property

Jimerson Firm

draft settlement statement. satisfactory arrangements must have been made for payment of the SBA loan balance that will remain after receipt of the sale proceeds, unless the release is part of a compromise agreement.

Loans 98
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SBA Loans: Offers in Compromise

Jimerson Firm

5) The borrower’s proposed treatment of the SBA loan must be fair and equitable in comparison to the treatment to be received by the borrower’s other creditors. 5) The borrower’s proposed treatment of the SBA loan must be fair and equitable in comparison to the treatment to be received by the borrower’s other creditors.

Loans 96
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Overview of Florida’s New Uniform Commercial Real Estate Receivership Act

Jimerson Firm

The receiver will also be required to post with the court a bond that is conditioned on the faithful discharge of the receiver’s duties, is issued by one or more sureties approved by the court, is in an amount specified by the court, and is effective as of the date of the receiver’s appointment. Make a distribution of receivership property.

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14 Burr & Forman Partners Have Been Recognized by Benchmark Litigation

Burr Forman

Frank Springfield – Financial Services Litigation – Birmingham. Rik Tozzi – Financial Services Litigation, Insurance, International Arbitration, Securities Litigation, General Commercial Litigation, Competition/Antitrust, Professional Liability – Birmingham. Erich Durlacher – CreditorsRights & Bankruptcy – Atlanta.