Remove Judgment Remove Secured Creditor Remove Unsecured Creditor
article thumbnail

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]

article thumbnail

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. Contractors and subcontractors that have lien rights under applicable construction lien laws may have the ability to assert what is known as a secured claim in bankruptcy.

Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Trending Sources

article thumbnail

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

PBWT

” [1] Critically, the plan leaves all unsecured creditors unimpaired. Potential debtors who face more exigent circumstances – an adverse judgment in litigation, enforcement by secured creditors, or insufficient liquidity, etc.

article thumbnail

SURVIVING FINANCIAL DISTRESS FROM COVID-19 IN THE RESTAURANT, BAR, AND SERVICE INDUSTRY

BN Lawyers

Low Priority: Unsecured Lenders and other Creditors. Unsecured lenders should generally be willing to defer payments. For an unsecured creditor to obtain a recovery, it would need to engage in a months-long legal process to obtain a judgment that could be halted at any point by a chapter 11 bankruptcy reorganization.