Debtor Lender Secured Creditor 
Jimerson Firm
NOVEMBER 16, 2020
When a borrower applies for a loan, most lenders require the borrower to pledge an asset as security for the repayment of the loan, i.e. collateral. 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. 679.609, Fla.
Jimerson Firm
NOVEMBER 23, 2020
When a small business association (“SBA”) loan is converted to liquidation status, the lender must begin liquidating the collateral. Lenders must liquidate all personal property that has a Recoverable Value over $5,000. In Florida, the lender can choose from the following methods: UCC Sale. See SOP 50 57. 679.609(2)(b), Fla.
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Fraser
JUNE 25, 2020
The petition date is the date on which a debtor files a chapter 11 bankruptcy proceeding. The debtor is required to serve all known creditors with notice of the commencement of the chapter 11 case. Such relief may include a request to pay some unsecured creditors (such as employees or “critical vendors”) ahead of others.
PBWT
OCTOBER 27, 2021
One way committees try to enhance recoveries is by seeking “derivative standing” to commence adversary proceedings challenging the validity of a secured lender’s pre-petition liens. The debtor operated 28 franchise restaurants primarily in the Sun Belt region. In re Platinum Corral, LLC , No. ’" Id.
ABI
JANUARY 12, 2022
Subject to court approval, a trustee or debtor in possession may assume or reject an executory contract or unexpired lease of a debtor under section 365 of title 11 of the United States Code (the “Bankruptcy Code”). [i] i] The trustee or debtor in possession must cure any defaults to assume a contract or lease. [ii]
PBWT
MARCH 2, 2021
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.
Sawin & Shea
JANUARY 25, 2022
In some cases, the assets or secured interest is something a creditor voluntarily agrees to in a lien; in other cases, the lien may be involuntary. However, if you file for bankruptcy, it can put a pause on debt collection, including actions by secured creditors. What collection remedies are allowed will vary by state.
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