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I am an unsecured creditor of a company that has filed chapter 11 Must I do anything else other than file the proof of claim form to let the court know I have a claim against the company's assets?
Wiki User
∙ 15y ago
No, you've done it all for now. You will probably find that the Co has a Bankruptcy Administrator that is really handling a lot of the details, for both the BK, the Court and the Creditors. They generally have a website where you can track filings and responses, things like that. (call the Co if it wasn't provided, if they have one they'll tell you). Also good to contact the creditors committee and make sure they no you want to be included. Of course all this depends on the size of the Co, the size and type of your claim, etc.
Wiki User
∙ 15y ago
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Can a lien for an unsecured loan be filed against a law suit?
A creditor can sue in court to obtain a lien against a debtor for an unsecured loan. If successful in the lawsuit, the creditor can request a judgment lien that can be used to take the debtor's property to pay the amount due.A creditor can sue in court to obtain a lien against a debtor for an unsecured loan. If successful in the lawsuit, the creditor can request a judgment lien that can be used to take the debtor's property to pay the amount due.A creditor can sue in court to obtain a lien against a debtor for an unsecured loan. If successful in the lawsuit, the creditor can request a judgment lien that can be used to take the debtor's property to pay the amount due.A creditor can sue in court to obtain a lien against a debtor for an unsecured loan. If successful in the lawsuit, the creditor can request a judgment lien that can be used to take the debtor's property to pay the amount due.
Can liens be placed against residential property in Virginia for unsecured debts?
Yes, if the creditor sues the debtor and prevails in court.
Can a lien be put on home in Maryland for an unsecured debt?
Yes. That is what judgment liens are all about. A creditor can sue you in court and if successful obtain a lien against your real estate.
Can they garnish your wages in Pennsylvania for an unpaid balance on an unsecured credit card?
No, PA. does not allow wage garnishment when it pertains to creditor action. Even though a credit card is unsecured debt, that does not mean the creditor does not have legal remedies for collection. They can file a lawsuit, if they win they will enforce a judgment in several ways, bank account levy, liquidation of nonexempt property, or liens against real property.
Can a credit card company take a judgment against you if it is unsecured and it has been over 4 years?
It is quite possible,most credit card accounts are unsecured. A creditor can file a lawsuit and if it is won, receive a writ of judgment that can be executed against all nonexempt property that belongs to the debtor. Each state has SOL's that pertain to open accounts such as credit cards. However, the expiration of the SOL does not automatically stop a creditor from seeking collection of a debt. (Macky..macky83@juno.com)
Creditor was granted relief of stay relief was for repossession and sale of car is the creditor entitle to seek money when their relief was for possession and sale of car only?
The motion for relief from stay only affects the creditor's right to proceed against the property that secures the debt. The creditor's right to be paid any deficiency after sale depends on the kind of bankruptcy. In a 7, no. In a 13, it depends on what the other unsecured creditors are getting.
What is the worst case scenario if an unsecured creditor wins a judgment against an insolvent individual who has no means of paying it?
You question already describes the worst case scenario. The unsecured creditor hires an attorney, spends money to get a judgment and then can't collect the judgment. It is possible that the debtor may become solvent again. Then again, that person could also file for bankruptcy and the discharge could bar you from ever collecting that debt.
Can a creditor file a civil lawsuit against you?
If the creditor has a valid debt and if you are not able to make payments as they come due, the creditor can and probably will file a civil lawsuit against you. Once a creditor realizes that no amount of persuasion out of court will get him anything on the debt, a civil suit is the only recourse to getting paid.
Can credit card companies garnish wages for unsecured debt in NE?
There is no such thing as unsecured debt. There is debt that is not secured by collateral. There is debt that is secured by your signature on a contract. And, yes, if the creditor has obtained a judgment against you for credit card debt, they may serve your employer with an order of garnishee and secure up to 25% of your paycheck per pay period.
What might be the consequences for non-payment of credit card debt?
Credit cards are considered unsecured debt. Unsecured debt simply means that specific property has not been used as collateral to "secure" the debt. A creditor can use standard collection methods such as phone and mail contact, as long as they do not violate the FDCPA. The creditor also has the option of filing a lawsuit against the debtor. If a creditor wins a suit (and they always do) a judgment will be entered against the debtor. There are several ways a judgment can be enforced, the preferred method is through wage garnishment, followed by bank account levy. Other options are the seizure and sale of non exempt property belonging to the debtor or a lien against real property (in very rare instances a forced sale of a home can be done). In the majority of states jointly owned property is subject to creditor attachment. In other words, a bank account jointly held can generally be levied by a creditor judgment.
Discuss the rights of surety against the creditor and the principal debtor?
rights of surety against principal debtor and principal creditor
Can credit card companies collect on unsecured debt?
Yes. It is a misconception that credit card issuers do not have legal recourse for recovering money owed simply because the debt is considered "unsecured". Unsecured debt only signifies that there is no specific property attached to the debt itself. The debtor can be sued for the amount owe plus legal costs and other fees. If the plaintiff/creditor wins the suit (they always do) a judgment is enterered against the debtor/defendant. A judgment can be executed in accordance with the laws of the debtor's state, the preferred method of enforcing a creditor judgment is by wage garnishment or bank account levy. Other options are the seizure and sale of non exempt property belonging to the debtor and liens against real property belonging to the debtor.
