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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. Self-Help Repossession. Self-help asset recovery is more commonly known as repossession. More specifically, Fla.

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How does the automatic stay protect creditors and debtors?

Roths Child Law

Bankruptcy is a complex procedure that aims to give debtors a fresh start while ensuring creditors get as much repayment as possible. Benefits for debtors are more than just financial One of the most immediate and noticeable benefits of the automatic stay for debtors is peace of mind.

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

Jimerson Firm

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. Brinkley , 282 So.

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SBA Loans: How to Maximize Recovery by Liquidating Personal Property

Jimerson Firm

When a small business association (“SBA”) loan is converted to liquidation status, the lender must begin liquidating the collateral. The decision and justification for abandoning the collateral, including the basis for the Recoverable Value estimate, must be documented in the loan file. Liquidation Methods. 679.609(2)(b), Fla.

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Consumer Debt vs. Non Consumer Debt

Sawin & Shea

Some examples of consumer debt include: Personal credit card debt Store financing Home mortgages Rental furniture Personal lines of credit and bank loans Vehicle leases, which can include cars, planes, boats, and more Cosmetic-based medical debt Family or personal legal fees. Are Student Loans Consumer or Non-Consumer Debts?

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Debtor Education Course After Filing for Bankruptcy

Sawin & Shea

Medical bills, credit cards, payday loans, and struggling businesses – it can seem like the letters and calls from creditors will never stop. Since 2005, a debtor education course from an approved provider is mandatory for anyone who files for bankruptcy. Staring down mountains of debt can feel overwhelming.

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Chapter 13 and Car Loans

Sawin & Shea

As you think about filing bankruptcy, it’s crucial to understand the interaction between Chapter 13 and car loans. Bankruptcy can impact various aspects of your financial life, including existing car loans. Debtors with a steady income create a court-approved repayment plan spanning three to five years.