Thus, a secured creditor has the right to adequate protection if a debtor proposes to use, sell or lease property which constitutes the creditor’s collateral during the bankruptcy case or if the debtor proposes to secure post-petition borrowing by granting an interest in the secured creditor’s collateral equal or …
Who is entitled to adequate protection?
During the Chapter 11 case, a lender who has a lien on the debtor’s assets is entitled to “adequate protection.” Adequate protection is defined in Section 361 of the Bankruptcy Code and provides for a debtor to: (1) make a cash payment or payments to the extent the stay results in a decrease in the value of its …
What is adequate protection?
The right of a secured creditor to receive protection against the decrease in value of its interest in the debtor’s property during bankruptcy proceedings (§ 361, Bankruptcy Code).
What are the rights of a secured creditor?
The rights held by secured creditors are similar to those of unsecured creditors, for example, to vote at creditors’ meetings and to receive dividend payments. However, even when a company is in liquidation, a secured creditor can still appoint a receiver to take control of secured assets to repay their debt.
How are adequate protection payments applied?
Pre-confirmation adequate protection payments shall be applied to the principal of the creditor’s claim. Upon confirmation of this plan all secured creditors will receive adequate protection payments as set out below along with the payment of the debtor’s attorney’s fees.
What is a replacement lien?
A postpetition lien provided to a lender covering property acquired by the debtor after the bankruptcy filing. Lenders are often entitled to adequate protection of their interests in collateral, especially where the debtor proposes to use or sell the collateral.
What is a cash collateral order?
Cash collateral is cash and equivalents collected and held for the benefit of creditors during Chapter 11 bankruptcy proceedings. … Unless a court orders otherwise, cash collateral is separated from other assets for the purposes of paying creditors.
What are unsecured funds?
An unsecured debt is a debt for which the creditor does not have a security interest in collateral, and the creditor is therefore not entitled to take property from you to satisfy that debt without a judgment. Common types of unsecured debt are credit cards, medical bills, most personal loans, and student loans*.
What is a security interest in real property?
Security interest is an enforceable legal claim or lien on collateral that has been pledged, usually to obtain a loan. The borrower provides the lender with a security interest in certain assets, which gives the lender the right to repossess all or part of the property if the borrower stops making loan payments.
What is an equity cushion?
An equity cushion exists if the value of the collateral exceeds the value of the creditor’s claim (the creditor is oversecured). … The excess value, if any, is treated as an equity cushion which sufficiently protects the creditor without the need for adequate protection.
What is an official Form 410 Proof of claim?
Form 410 provides the official proof of claim. A creditor will need to identify itself and state the debtor’s name, the case number, the type of claim, the nature of the debt, and the amount of the debt. … In some cases, a bankruptcy judge may accept an informal proof of claim.
What is a preferential transfer?
Preferential transfers include certain payments or transfers of property to creditors made prior to filing for bankruptcy. For example, paying back a loan from your parents just before you file for bankruptcy will typically be considered a preferential debt payment.
Who are the most secured creditors?
Secured creditors can be various entities, although they are typically financial institutions. A secured creditor may be the holder of a real estate mortgage, a bank with a lien on all assets, a receivables lender, an equipment lender, or the holder of a statutory lien, among other types of entities.
How does a bank become a secured creditor?
What is a secured creditor? A secured creditor is a person or business that loaned you money with the condition that if you failed to repay the debt they had a right to one (or some) of your possessions or property – this can be referred to as a mortgage, hypothec, pledge, charge, or lien on the property.
Are secured creditors paid first in a liquidation?
Each class of creditor must be paid in full before the liquidator can move on to repay the next. After the costs of liquidation and the office-holder’s fees have been paid, the first class of creditor to receive payment are secured creditors with a fixed charge.