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SBA Loans: How to Maximize Recovery by Liquidating Personal Property

Jimerson Firm

Repossession efforts may be lawful, provided the debtor does not object, and the collateral is taken from unenclosed parts of the debtor’s property, such as the driveway. If a secured creditor breaches the peace, it may be liable to the debtor for damage done to the debtor or its premises during an unauthorized entry.

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Brit Suttell Awarded Prestigious Donald Kramer Award

BN Lawyers

Originally founded in 1993, the National Creditor Bar Association is dedicated to serving law firms engaged in the practice of creditors rights law. is a national law firm based in Austin, Texas with offices across the United States. About Barron & Newburger, P.C.

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

Jimerson Firm

Florida courts have established a two-part test to determine if a secured creditor “breached the peace” within the meaning of Section 679.609(2)(b) of the Florida Statutes: “(1) whether there was entry by the creditor upon the debtor’s premises; and (2) whether the debtor or one acting on his behalf consented to the entry and repossession.”

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SBA Loans: How to Maximize Recovery by Liquidating Real Property

Jimerson Firm

The court can also order a deficiency judgment against the debtor—that is, a money judgment—to the extent the foreclosure sale does not produce sufficient funds to pay the debt owed to lender on the SBA loan. The post SBA Loans: How to Maximize Recovery by Liquidating Real Property appeared first on Jimerson Birr Law Firm.

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Why Every Lawyer And Client Should Be Fighting To Stop The "Meaningful Attorney Involvement" Doctrine From Spreading

FDCPA Defense

Although this scenario may sound far-fetched, it is an everyday occurrence for creditorsrights attorneys, who have been targeted by “meaningful attorney involvement” lawsuits for years. If this can happen to creditorsrights attorneys and their clients, might you and your clients be next? What is the claim?

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How to Maximize Recovery on a SBA Loan by Negotiating a Workout Agreement

Jimerson Firm

The post How to Maximize Recovery on a SBA Loan by Negotiating a Workout Agreement appeared first on Jimerson Birr Law Firm. The borrower’s current financial information allows the lender or CDC to make prudent lending decisions regarding the feasibility and structure of the workout agreement.

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

Jimerson Firm

The post Overview of Florida’s New Uniform Commercial Real Estate Receivership Act appeared first on Jimerson Birr Law Firm. Authors: C. Ryan Maloney, Esq. Melissa Murrin, J.D. Candidate 2021.