Hudson Weir

MARCH 19, 2025

If your business is struggling to pay its debts when they fall due, its important to keep in mind what are creditors rights during insolvency proceedings? As a director of an insolvent company, your overriding duty moves from maximising profits for the owners to preventing further losses, with creditors repayments in mind.

Creditor's Rights 59

Creditor's Rights Creditors Secured Creditor Unsecured Creditor 59

Jimerson Firm

NOVEMBER 16, 2020

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. Northside Motors of Fla.,

Secured Creditor 69

Secured Creditor Collateral Repossession Creditors 69

Jimerson Firm

NOVEMBER 23, 2020

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.

Collateral 98

Collateral Loans Secured Creditor Lender 98

Price Meese

SEPTEMBER 9, 2021

Steinberg and the firm are pleased to announce that he will be speaking in an upcoming Strafford live video webinar, “Bankruptcy and Secured Creditor Priority: Identifying, Resolving, or Avoiding Hidden and Springing Liens” scheduled for Wednesday, October 6, 1:00pm-2:30pm EDT.

Secured Creditor 52

Secured Creditor Creditors Bankruptcy Collateral 52

The Creditors Rights

MARCH 15, 2016

The creditor in Blendheim was HSBC Bank, which held a deed of trust lien on the debtors’ home. The Ninth Circuit in In the Matter of Blendheim , 803 F.3d 3d 477 (9 th Cir. 2015) held a chapter 20 debtor may in his chapter 13 case avoid a lien under § 506(d) even if § 1328(f) precludes him from receiving a discharge.

Debtor 40

Debtor Secured Creditor Creditors Bankruptcy 40

Burr Forman

JANUARY 7, 2022

From Burr & Forman’s Jacksonville office: Armando Nozzolillo is a member of the firm’s Creditors’ Rights and Bankruptcy practice group.

Bankruptcy 52

Bankruptcy Creditors Secured Creditor Manufacturing 52

Jimerson Firm

FEBRUARY 3, 2021

Foreclosures in Florida are judicial, meaning the secured creditor must file a lawsuit. In this case, the mobile home will become part of the foreclosure of the real property. Lenders should include a description of the mobile home in the legal description of the real property.

Foreclosure 96

Foreclosure Collateral Lender Repossession 96