Remove Creditor's Rights Remove Creditors Remove Secured debt
article thumbnail

Secured vs Unsecured Debt: Everything You Need to Know

Sawin & Shea

If a debtor has assets that are not protected under those statutes, the trustee can liquidate those items and use the proceeds to pay creditors back something. Chapter 13 involves commitment from the declarer to repay a portion of their debt over a specified period (usually three to five years).

article thumbnail

Burr’s Anna Akers Named a 2020 Honoree in Birmingham Business Journal’s “Next Gen: Rising Stars of Law”

Burr Forman

Anna is an associate in the Birmingham office where she practices in the firm’s CreditorsRights and Bankruptcy group. At Burr, Anna represents both creditors and debtors to enforce or restructure debt obligations. She also represents clients in general commercial disputes.

article thumbnail

Default Interest Rates are Presumed Reasonable Under Sec. 506(b), and a Bankruptcy Court May Not Use the Fair and Equitable Language of Sec. 1129(b) to Conclude Otherwise

The Creditors Rights

The Ninth Circuit BAP recently discussed on appeal the issue of whether a bankruptcy court may use the “fair and equitable” standard for confirmation in § 1129(b) to deny an oversecured creditor default interest on its claim to which it would otherwise be entitled under § 506(b). In Wells Fargo Bank, N.A. 819 (9 th Cir.