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Recovering Personal Property Collateral: When Should Secured Creditors Consider Replevin Instead of Self-Help Repossession?

Jimerson Firm

Many secured creditors and equipment leasing companies have encountered defaulted debts, where the debtors and lessees retain possession of the collateral, including cars, boats, machinery, or other equipment. Security Underwriting Consultants, Inc. Self-help asset recovery is more commonly known as repossession.

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What Should Construction Contractors Do When a Property Owner Files For Bankruptcy?

Jimerson Firm

The bankruptcy automatic stay prohibits all creditors from proceeding with collection actions, lawsuits, and enforcement of judgments against the debtor. Instead, the property owner debtor will have the opportunity to either assume or reject the executory construction contract as part of the bankruptcy. See 11 U.S.C. §

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Asset seizures: How they work in commercial collections

Collections Law

Once you win your judgment case against someone who owes you money, you should be able to collect on your judgment and move on with your life. Unfortunately, many debtors do not readily pay up, even with a court order against them. Those methods often include seizing the debtor’s assets. How does asset seizure work?

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Another Bankruptcy Court Weighs in on Postpetition Interest

PBWT

Because it was solvent at confirmation, the debtor proposed to pay secured creditors in full, with interest at the contract rate, and general unsecured creditors in full, with postpetition interest at the “legal rate,” or a rate determined by the Court that leaves the creditors unimpaired. [1]

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All in a Day’s Work. Belk Achieves Confirmation of Pre-Packaged Plan in Record Time

PBWT

There are only a handful of examples, and for many debtors it is not an option. In Belk’s case, 99% of the First Lien Term Loan Claims and 100% of the Second Lien Term Loan Claims – the creditors absorbing that $450 million debt reduction – supported the plan. Due Process.

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9th Cir. Reverses Trial Court Ruling in Favor of Defendant on FDCPA Claim Related to Bankruptcy

Collection Industry News

Court of Appeals for the Ninth Circuit recently reversed an award of summary judgment in favor of a defendant debt collector against claims that it violated the federal Fair Debt Collection Practices Act (FDCPA) by attempting to collect a debt that was discharged in bankruptcy and no longer owed. A copy of the opinion in Manikan v.

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10 Common Questions About Bankruptcy

Debt Free Colorado

A court judgment that states that a person is not required to pay back some debts is given to those who abide by the bankruptcy laws and are granted a discharge. This type of bankruptcy does not stop secured creditors from seizing your property, so if you have money to pay the debt, this isn’t the best option to take.