News & Analysis as of October 13, 2024

Creditors

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The term "mortgage" typically refers to a mortgage loan. A mortgage loan is a financing instrument where an individual or business borrows money to purchase property (usually real property) and... more +

Night of the Living Debt

Obermayer Rebmann Maxwell & Hippel LLP on 4/4/2024

It’s the stuff of nightmares. You think you have cleared all of the debt on your home when it goes into foreclosure, only for that debt to crawl up years later and attack you....more

Secured Creditors’ State Court Rights Affected By Proof Of Claim Choices

Fox Rothschild LLP on 4/8/2021

Secured creditors have many choices when it comes to how to file a proof of claim in bankruptcies. Those choices should be weighed carefully, however, because certain choices can have important unexpected consequences that...more

Latin America Enforcement and Security Guide

K&L Gates LLP on 5/17/2017

In the current economic climate, it is important that lenders understand how they can enforce security and debt claims to help in assessing options in the event of default by their customers, and when structuring new lending....more

Court of Appeal case - of interest to Security Trustees

Bryan Cave Leighton Paisner on 3/16/2016

Including an unsecured creditor in an agreed payments waterfall does not by itself confer on that unsecured creditor the benefit of a mortgagee’s usual duties on enforcement of security, or a direct claim against the sale...more

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Mortgages › Unsecured Debt › Creditors

Night of the Living Debt

Secured Creditors’ State Court Rights Affected By Proof Of Claim Choices

Latin America Enforcement and Security Guide

Court of Appeal case - of interest to Security Trustees

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