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Decoding Chapter 12 Bankruptcy: Navigating the 20-Year Treasury Bond Rate vs. National Prime Rate Dilemma in Determining Discount Rates on Secured Creditor Claims

ABI

In a Chapter 12 bankruptcy, the debtor generally proposes a plan for repaying creditors from future earnings. [1] 1] Under a Chapter 12 plan, secured creditors will generally be paid in full, while unsecured creditors will often receive less than full payment. [2] 10] These loans were secured by $1.45

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What Happens When An Insolvent Company Owes A Director Money?

Hudson Weir

It’s not an uncommon scenario, unfortunately – director lends company money, company enters insolvency, company owes director money, director wants money paid back… In many cases, directors loan money to their company and charge interest (and the business does not pay corporation tax on it). This investment you make counts as a loan.

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Unsecured And Secured Loans: What If A Company Can’t Repay?

Hudson Weir

Secured loans or unsecured loans are crucial for many businesses, providing the investment they need to achieve their objectives and grow. In total, banks provided £65.1bn in loans to small companies with more likely to have gone to larger businesses too! What is a secured loan?

Loans 52
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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. Secured creditors include leasing companies and banks.

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Restructuring And Insolvency: What Is A Restructuring Plan?

Hudson Weir

A restructuring plan can be used for numerous debt restructuring purposes, such as: Debt rescheduling A compromise in the amount of debt Refinancing Arrangements can be made with both secured and unsecured creditors under a restructuring plan. Restructuring plans can be used to compromise both secured and unsecured debt.

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Court Dismisses Bankruptcy Case to Enable Debtor to Seek a Paycheck Protection Loan

PBWT

It is well known in the restructuring world that a debtor in bankruptcy can’t get a PPP loan. But what if you’re a debtor and decide a PPP loan could save your business? Will a court dismiss the case so you can seek a loan? The debtor’s motion to dismiss drew creditor opposition. 3:20-cv-00400, 2021 U.S.

Debtor 65
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What Are Preferential Payments in Bankruptcy?

Sawin & Shea

Secured vs. Unsecured Creditor A secured creditor has a lien of some kind on a debtor’s property. Bank-owned assets that have a recurring monthly payment, like mortgage payments or an auto loan fall under this category. Unsecured creditors lend money without any collateral.