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Special Report on

Meaning for Secured creditor

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The Insolvency Act 1986 provides that the liquidator, administrator or receiver shall set aside the prescribed part for the satisfaction of unsecured debts (Section 176A(2)(a)), and not distribute that part to the floating charge holder unless it exceeds the amount required for the satisfaction of unsecured debts (Section 176A(2)(b)). In November 2007 the Birmingham High Court held in Re Permacell Finesse Limited (in liquidation) that a floating charge holder is not entitled to participate in the prescribed part set aside under Section 176A as an unsecured creditor regarding any shortfall under the floating charge (for further ...
In the majority of cases, however, bankruptcy is initiated by the debtor (a "voluntary bankruptcy" that is filed by the insolvent individual or organization). An involuntary bankruptcy petition may not be filed against an individual consumer debtor who is not engaged in business.
REVIEWS AND OPINIONS
Laws for Filing Bankruptcy in Ohio Can be Difficult to Maneuver
Filing bankruptcy is a growing trend. Several types of bankruptcy are in place to help people who are having a difficult time paying their payments. Normal 0 false false false EN-US X-NONE The fear amongst those filing for bankruptcy is that they will lose their home, car or non-exempt asset. How will chapter 7 or chapter 13 bankruptcy affect possessions? X-NONE /* Style Definitions */ table.MsoNormalTable {mso-style-name:"Table Normal"; mso-tstyle-rowband-size:0; mso-tstyle-colband-size:0; mso-style-noshow:yes; mso-style-priority:99; mso-style-qformat:yes; mso-style-parent:""; mso-padding-alt:0in 5.4pt 0in ... market research, surveys and trends
Some Common Mortgage Loan and Finance Terms Explained ...
The common terms used to describe a mortgage involve the “creditor,” the “debtor,” and “mortgage broker.” It may be self-explanatory as to what those terms mean, but there are other terms involved with a mortgage as well that a homeowner may not be completely familiar with. Let’s cover some of them here: Creditor The creditor is the financial institution, typically a bank, who provides the money in the form of a loan for the mortgage amount. The creditor is sometimes referred to as the mortgagee or lender. Debtor The debtor is the person or party who owes the mortgage or the loan . They ... market research, surveys and trends

SURVEY RESULTS FOR
MEANING FOR SECURED CREDITOR

McDermott - Newsletters - In re Philadelphia Newspapers:
The Eastern District of Pennsylvania held that secured creditors do not have a right to credit bid their claim when the sale of a debtor’s assets is conducted under a plan of reorganization. On November 10, 2009, the U.S. District Court for the Eastern District of Pennsylvania in In re Philadelphia Newspapers, LLC, reversed a decision on appeal from the U.S. Bankruptcy Court for the Eastern District of Pennsylvania and held that a secured creditor did not have a right to credit bid its claim at a sale of a debtor’s assets when such sale was conducted pursuant to a plan of reorganization.   The district ... industry trends, business articles and survey research
In Re Philadelphia Newspapers: Potential Ramifications For Secured ...
The Eastern District of Pennsylvania held that secured creditors do not have a right to credit bid their claim when the sale of a debtor's assets is conducted under a plan of reorganization. On November 10, 2009, the U.S. District Court for the Eastern District of Pennsylvania in In re Philadelphia Newspapers, LLC, reversed a decision on appeal from the U.S. Bankruptcy Court for the Eastern District of Pennsylvania and held that a secured creditor did not have a right to credit bid its claim at a sale of a debtor's assets when such sale was conducted pursuant to a plan of reorganization. The district ... industry trends, business articles and survey research
RELATED NEWS
The Value of Lien Stripping
The depressed real-estate market in Southern California has left many homeowners and commercial-property owners in a difficult position. Their properties are completely "underwater." Believing the value of real estate would continue to rise, many people borrowed heavily against the equity in their real-estate holdings to finance other property acquisitions, property development and rehabilitation and other expenses. In many cases, those with equity in property took out second or even third mortgages to support further acquisitions and expansions. Now that the real-estate market has declined, these same people and ... market trends, news research and surveys resources
IN RE CORMIER
The issues presented in this Chapter 13 case raise important questions regarding the interplay between the rights of mortgage holders and those of financially-strapped property owners seeking relief under the Bankruptcy Code. At a time when the soaring foreclosure rate has left a backlog of bank-owned properties, and both owners and banks often choose to simply walk away — leaving abandoned homes and buildings to blight and burden their neighborhoods, cities, and towns — the inadequacy of existing state and federal laws to provide meaningful, responsible solutions becomes distressingly obvious. Yet, judges are ... market trends, news research and surveys resources

INFORMATION RESOURCES

CERCLA Lender Liability Exemption: Updated Questions and Answer
OF A FACILITY" WITHIN THE MEANING OF CERCLA? A lender ‚Äúparticipates in management‚ÄĚ .... IF I QUALIFY FOR THE SECURED CREDITOR EXEMPTION, CAN I STILL BE HELD ... technology research, surveys study and trend statistics
COMMENT EPA's CERCLA Lender Liability Proposal: Secured Creditors ...
puzzling EPA policy reversal regarding the meaning of "participating in the management" for purposes of the secured creditor exemption. The ... technology research, surveys study and trend statistics
REAL TIME
MEANING FOR SECURED CREDITOR
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QUESTIONS AND ANSWERS
WikiAnswers - What is the specific meaning of Breaching the peace
Any act of molesting or interrupting or hindering or disquieting or agitating or arousing from a state of repose or otherwise depriving inhabitants of the peace and quiet to which they are entitled. Lenders know that once a loan goes into default, a secured creditor can recover the collateral from a debtor either by judicial foreclosure or self-help repossession. The Uniform Commercial Code (UCC) allows a creditor to utilize the remedy of repossession so long as it can be accomplished without a breach of the peace. The definition of the breach of the peace is left to the courts and the definition has evolved over time and is not ...
When working on a non-performing loan, should consideration be ...
[DISCLAIMER. The following comment discusses general principles of law solely for informational purposes. It does not constitute legal advice. All opinions on the law of specific jurisdictions are expressly disclaimed. This informational comment does not create an attorney/client relationship and is not subject to any claim of privilege. Re: US IRS Circular 230 Regulations. If this comment addresses issues of U.S. tax law, it is not intended for use: (i) to avoid tax penalties, nor (ii) in furtherance of any transaction implicating such tax issues. Readers are encouraged to seek competent counsel for specific legal advice.] ...