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Chapter 13 Bankruptcy and Student Loans

Sawin & Shea

Below is a rundown of what you can expect to happen when filing, which can help you manage your student loans: Stops Lender Harassment: When you file for Chapter 13 bankruptcy, something called “an automatic stay” goes into effect. This stay prohibits creditors, including your student loan lenders, from contacting you to collect any debts.

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What Are Debentures? Everything You Need To Know

Hudson Weir

A debenture is a document representing a loan agreement between a lender and a borrower, granting the lender security over the borrower’s assets. This gives the lender a means of collecting the debt if the borrower cannot pay. Debentures are typically used by traditional lenders like banks to provide funding to large companies.

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Dealing With Debt From COVID-19

Debt Free Colorado

Reach out to your creditors. Many creditors such as mortgage servicers, auto lenders, and credit card companies are offering assistance to individuals financially affected by the pandemic. The decisions regarding which creditors get paid and which do not can have long term consequences and will require a strategy.

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As Chapter 11 Bankruptcy Filings Surge, Here’s What Creditors Need to Know to Protect and Enforce Their Rights

Fraser

Such relief may include a request to pay some unsecured creditors (such as employees or “critical vendors”) ahead of others. It is important for creditors and their advisors to carefully review “first day” motions in order to know how their rights may be affected, and take action as appropriate. Plan Confirmation Issues.

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Five Burr Attorneys Named to Lawdragon’s 2022 “500 Leading Bankruptcy & Restructuring Lawyers” List

Burr Forman

In his bankruptcy practice, Eric focuses on representing creditors, including financial institutions, special servicers, private equity groups, and other non-traditional lenders as well as other secured and unsecured creditors in state and federal court litigation, chapter 11 bankruptcy cases, and in out-of-court workouts and resolutions.

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Recent Decision on Derivative Standing by a Creditors’ Committee to Challenge a Lender’s Liens

PBWT

In many chapter 11 cases, creditors’ committees can play a vital role in maximizing the recoveries of unsecured creditors. But the powers of creditors’ committees are circumscribed by both the Bankruptcy Code and case law.

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When a Company Goes Into Administration or Liquidation Who Gets Paid First?

Hudson Weir

Once a firm enters administration, it must pay every creditor group entirely, save for ‘prescribed part’ secured creditors, before funds are distributed to the subsequent creditor. This amount is then used to give unsecured lenders more chances to recoup a little of their outstanding capital.