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Secured creditor information


A secured creditor is a creditor with the benefit of a security interest over some or all of the assets of the debtor.

In the event of the bankruptcy of the debtor, the secured creditor can enforce security against the assets of the debtor and avoid competing for a distribution on liquidation with the unsecured creditors.

In most legal systems, secured creditors also have the option of releasing their security and proving in the liquidation, although, in practice, they would rarely do so.

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Secured creditor

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A secured creditor is a creditor with the benefit of a security interest over some or all of the assets of the debtor. In the event of the bankruptcy of...

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Creditor

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creditor, which is the lender of property, service, or money. Creditors can be broadly divided into two categories: secured and unsecured. A secured creditor...

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General assignment

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bankruptcy.[citation needed] Secured and unsecured creditors constitute the creditor body. Both secured and unsecured creditors are ahead of shareholders...

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Secured loan

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debt owed to the creditor who gives the loan. The debt is thus secured against the collateral, and if the borrower defaults, the creditor takes possession...

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Secured party creditor

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Secured party creditor can refer to: Secured transactions in the United States, the use of personal property as loan collateral A fraudulent debt-payment...

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Preferential creditor

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unsecured creditors. Some legal systems operate a hybrid approach; in the United Kingdom preferential creditors have priority over secured creditors whose...

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Bankruptcy

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process through which people or other entities who cannot repay debts to creditors may seek relief from some or all of their debts. In most jurisdictions...

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Unsecured creditor

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putting the unsecured creditor with a matured liability to the debtor in a pre-preferential position. Preferential creditor Secured creditor "Definition: unsecured...

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Secured transaction

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a secured creditor through a secured transaction is protection during a bankruptcy proceeding. In the event of a bankruptcy proceeding, a secured creditor...

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Liquidation

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part of the company's assets available to pay creditors. Before the claims are met, secured creditors are entitled to enforce their claims against the...

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Receivership

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jurisdictions whereby a creditor can enforce security against a company's assets in an effort to obtain repayment of the secured debt. It used to be the...

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Floating charge

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gives the secured creditor two key remedies in the event of non-payment of the secured debt by the company. Firstly, the secured creditor can crystallise...

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Second lien loan

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passu Preferential creditor Seniority (finance) Senior debt Security interest Secured creditor Subordinated debt Unsecured creditor Second Liens: Borrower...

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Secure

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by the borrower Secured creditor, a creditor with the benefit of a security interest over some or all of the assets of the debtor Secure (G5), a NatureServe...

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Administration in United Kingdom law

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insolvency practitioners and usually the major secured creditor) before broader consultation, unsecured creditors are left behind as the momentum behind the...

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United Kingdom insolvency law

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which function just like security but do not have to be registered. Secured creditors generally dominate insolvency procedures, because a floating charge...

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Bankruptcy in the United States

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found to be in contempt of court. A secured creditor may be allowed to take the applicable collateral if the creditor first obtains permission from the...

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Insolvency

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be put into Voluntary Administration, Creditors Voluntary Liquidation, and Court Liquidation. Secured creditors with registered charges are able to appoint...

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Unsecured debt

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assigned to the secured creditors. The unsecured creditors usually realize a smaller proportion of their claims than the secured creditors. In some legal...

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Guarantee

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whom the guarantee is given is the creditor or the "obligee"; while the person whose payment or performance is secured thereby is termed "the obligor",...

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Security interest

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cleanup costs. The most frequently used criticism of secured lending is that, if secured creditors are allowed to seize and sell key assets, a liquidator...

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Conservatorship

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by the Federal Deposit Insurance Corporation (FDIC) and its assets and secured liabilities transferred to a specially established bridge bank called IndyMac...

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Individual voluntary arrangement

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comprises only the claims of unsecured creditors and leaves the rights of secured creditors largely unchanged. Insolvency practitioners charge initial and ongoing...

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Bankruptcy and Insolvency Act

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a secured creditor under the terms of a general security agreement (where the debtor voluntarily agrees), or by the court where a secured creditor: is...

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Pari passu

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lending area and in bankruptcy proceedings, where creditors are said to be paid pari passu, or each creditor is paid pro rata in accordance with the amount...

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Negative pledge

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might compete with (or rank pari passu with) the security of the first secured creditor under the security document in which the negative pledge appears. In...

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