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Any securedcreditor, large or small, may encounter a situation in which it is preferable to retain or recover the collateral in a transaction without having to sell the collateral itself. The purpose of this article is to make creditors aware of what is and is not possible to do under Florida law. 679.609(1). In Hohns v.
In its analysis, the court noted initially the complaint’s admission that the plaintiff had failed to make payments on her loan since 2021, which resulted in the vehicle being repossessed and sold at auction.
In 2019, we began following a Circuit split regarding a securedcreditor’s obligation to return collateral that it lawfully repossessed pre-petition after receiving notice of a debtor’s bankruptcy filing. by the existence of a separate provision, §542, that expressly governs the turnover of estate property.”
Secured lenders are the lenders with liens against the real estate, equipment, accounts, or other property of the business. These parties could foreclose or repossess the property securing the loans. They could lock you out of your location or repossess equipment. These creditors are not of equal importance.
The main disadvantage of Chapter 7 bankruptcy is that anything subject to a security interest is not exempt (home, automobile) and can be seized to satisfy the debt connected to the specific item. Chapter 13 bankruptcy Individuals who get a regular wage but are unable to pay off the bills are eligible for Chapter 13 bankruptcy.
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