Protecting Secured Creditor’s Rights In Bankruptcy

There are several protections under Bankruptcy Code for individuals or groups that have supplied services or goods to a debtor on credit before a debtor’s bankruptcy filing date. When done properly, a trade creditor can increase the chances of receiving a distribution from the bankruptcy estate by invoking these protections. If the trade creditor does not take action, the debt might be defined as an unsecured claim. There are several different ways in which a creditor can be protected during a bankruptcy case.

What is a Request for Administrative Expense?

The first protection is offered under Section 503(b)(9) and it is known as a Request for Administrative Expense. If you have sold goods to a debtor within the 20 day period before the bankruptcy case is filed, you can apply for your claims to be considered an administrative expense priority. This is only eligible for goods and not services.

What is a Reclamation Demand?

You may also consider the potential for a Section 546(c) Reclamation Demand. This section is broader than the first example since it is expanded the goods sold in the 45 day period prior to the filing of the petition. In this scenario, however, the rights of sellers to reclaim goods are often subject to prior interests of secured parties. A reclaiming seller will have to file on time for the reclamation demand but he or she might also need to file an adversary proceeding to prevent the debtor from using the purchased goods or from commingling the goods with other supplies.

What is Post-Petition Assertion of Mechanics’ Lines?

Finally, another option for a secured creditor is the Post-Petition Assertion of Mechanics’ Lines. States have all adopted laws regarding the protection of creditors whose labor, services, equipment or materials were used to improve the land of the debtor.

Even when a secured creditor takes all these steps, it is important that no other action is taking during the bankruptcy case to impair these rights. For example, a debtor might take action to sell property free and clear of liens, and this sale would include mechanic’s liens.

From the perspective of secured creditors, there have been actions taken to protect their interests when a debtor files for bankruptcy. When used properly by an experienced attorney, the provisions listed above can be extremely helpful in moving a case forward and having the interests and rights of the creditor at the forefront of a bankruptcy case. A creditor must take action by speaking with a qualified attorney from the outset.

How Credit Report is Affected by Foreclosure And Bankruptcy?

Foreclosure and bankruptcy can leave negative impacts on the credit report. Filing for bankruptcy may let you keep your home after the court decides about the working plans for you; but bankruptcy is not the way to do so. In homeownership crisis, there are many ways which can be thought of while deciding for a solution.

There is a need to know about the one, between foreclosure and bankruptcy, which proves better for you in the long run. Following are details informing about the long-term and short-term effects of bankruptcy and foreclosure on your credit report.

Influence on your credit score

You will have low credit score with a bankruptcy than a foreclosure. Score tagged as “good” in the range of 680 will take away 105 points in case of foreclosure. On the other hand, bankruptcy can wash away 150 points. Also, score is proportional to the damage; this implies that high score will witness washing of big scores.

Bankruptcy can badly ruin credit health, but exception lies here as well. With individuals with big amount of debt paired with poor credit score, bankruptcy could actually unite increment with the scores. With debt counting up to 30% of credit score, filing for Chapter 7 bankruptcy can get rid of the amount under debt, and the individual will credit check to realize the boosting in score.

Influence on your credit card approval

Filing for a bankruptcy means closing credit card accounts. Although those debts will be taken away from you, difficulty will play its part while applying for new credit cards. An individual would be denied a new credit card due to a spotty credit report accommodating bankruptcy and low scores. In case of foreclosure, lenders will consider the individual a defaulter, and this affects the reliability of the credit card payments.

Influence on your future plans

A foreclosure houses the credit report for seven years. If you desire owing a home again, then three is the minimum waiting period after the processing of foreclosure. On the other hand, bankruptcy is present in the credit file for ten years. You can keep your home after designing and making a payment plan with your lenders. Otherwise, with the bankruptcy mark on your report, your borrowing attempt will be failed. Lenders will not show any favors towards fresh filers of bankruptcy.

Both bankruptcy and foreclosure will equally damage your credit score, but remember that there is always hope for everything. You can still work on your credit health and budget wisely to improve your financial health.