The Seventh Circuit has signaled a principled preference for the face value approach as well, albeit in a different context and only in dicta: "As a general rule, the bankruptcy court should not order property sold 'free and clear of' liens unless the court is satisfied that the sale proceeds will fully compensate secured
lienholders and produce some equity for the benefit of the bankrupt's estate.
The
lienholders bill the property owner directly for past due amounts, and can add a 5 percent surcharge and other charges to the total due.
However, the primary
lienholder in this case was not as fortunate.
California Court of Appeals, 1932), holding that no merger had taken place as a matter of equity once a senior
lienholder accepted title; and Hines u.
To protect your interest in the car, make certain you're listed as the
lienholder on the car's title and auto insurance policy.
122) The plan would (1) provide monthly incentive fees to servicers who complete successful modifications, (2) payments to second
lienholders equal to five percent of the outstanding second lien balance, and (3) a litigation safe harbor that "eliminates explicit limits on modifications" and compensates investors.
benefit of an American
lienholder, in the face of a Belgian request for
Farmers Home Administration, which is a
lienholder on the old hospital building, Compton said.
They defaulted on the loan, but the primary
lienholder initially declined to foreclose on the property because it was unwilling to assume the risks of ownership.
The court held that Conmac could not recover against the surety as a "debtor must first establish its rights as a
lienholder and to the foreclosure of such lien before it is entitled to enforce a statutory bond discharging the lien.
In this circumstance, managers might beef up earnings to maintain a particular ratio of assets to liabilities required by a
lienholder.
This coverage is written similar to traditional title insurance and protects the purchaser and/or
lienholder for an amount equal to the amount financed for any environmental liabilities incurred on the property that arise from historic contamination that was undiscovered during an initial environmental site assessment.
