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This is not a question. If your question is, "What happens when the trustee moves the Court to declare a secured claim withdrawn," then one should object, particularly if the secured creditor still has a claim. If this is chapter 7, a secured creditor has no claim except on its collateral. In chapter 13, fight for your claim.
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Can a claim be withdrawn?
Yes.
When a debtor enters bankruptcy a secured creator retains priority to the secured assets unless it files a proof of claim for the full amount owed?
Actually, a secured creditor only retains priority if they file a claim.
On bankruptcy schedule d what does it mean when the value of the property is 5000 but the claim is 1000 what is the secured portion?
If the property is worth $5,000 and there is a claim on it for $1,000, there is equity of $4,000, which will have to be paid to the trustee or exempted (in a Chapter 7). The $1,000 claim will be the secured claim, assuming it is in fact secured by a mortgage, purchase-money loan agreement, judgment levy or other security.
Does a senior debt have priority over a secured debt?
Secured debt has priority over other debdtors to the secured property. If that does not saisfy the claim, then te remainder may be filed as a general claim, taking position below senior debt.
What is the bankers' lien?
The mortgage holder's lien which is considered a secured, priority claim.
Edmund Burkes idea of representatives as trustees was based on the claim that?
representatives should follow their own judgment of the public interest
IS rental judgment a secured claim?
No, but if there is an execution, it can be levied on any property of the defendant, usually a motor vehicle or real estate. Then it is secured to the extent there is any equity for it to attach to.
What are creditors holding secured claims?
If you signed a Security Agreement, then your creditor has a secured claim on the collateral specified in the agreement.
Can i file a secured proof of claim on an nsf check?
If the check was to pay for an item (generally property like a car) you have alien or such against...an NSF check by itself is not a secured debt.
In bankruptcy is a judgment that was entered by a lawyer for a collection agency which resulted in a drivers license suspension a secured claim by the collection agency?
It depends on the judgment. If it is a Motor Vehicle Judgment it is not a secured claim which makes sense since they went after your license and not your assets. Sometimes these Motor Vehicle Judgments show up on your credit report and the only way to get it off is to settle the judgment or file bankruptcy. If it is not a Motor Vehicle Judgment it is most likely a secured claim.
What is insecure claim?
An insecure claim is when you claim someone did something because of your present insecurities. The only reason why you think this way is because you're insecure. Secure people don't have these kinds of thoughts.
What is considered a secure claim for proof of claim in chapter 11?
A "Secured" - not secure- claim is one where the underlying debt or liability is a secured type loan or credit. that means it is like a car loan where the lender is officially in a position of interest, (legal claim of ownership or lien already in existence) to some type of specific asset of the debtors. That asset will be used to secure his recovery before being available to anyone else.
