are entitled to be paid in full before equityholders receive anything.
"At this time, the rehabilitator does not anticipate that there will be sufficient funds to cover any general creditor
claims," Farmer says in the motion.
Continue to treat claims arising from open TBA contracts as general creditor
Then the FDIC could go ahead and agree that it would protect all general creditors
of banks in bank failures.
In the end, creditors serving on creditors' committees should not feel that they are sacrificing their own positions by fulfilling their fiduciary obligations, although there may be times that a creditor's interests are so at odds with the general creditor
body that it makes it difficult or impossible for it to separate its fiduciary obligations from its personal needs.
In the U.S., the claim on the collateral must be "perfected" by registering it in a manner that provides other creditors with an opportunity to learn of the claim; still, courts are likely to disregard the agreement and retain the collateral in the estate of the insolvent firm, thus reducing the improperly collateralized creditor to general creditor
The Supreme Court held that the limited general creditor
rights afforded to a trustee, under the then-current form of the Bankruptcy Act, did not include the powers of a judgment creditor, who could have defeated the equipment seller's unperfected claim to the equipment.
The paradigm of the disparate but homogenous general creditor
The former decisions prohibited a subscribing member from proving in competition with general creditors
, whilst the latter allowed subscribing members to prove their claims under ch 6D.
Since deferred compensation paid by a taxable entity outside of a tax-qualified plan is not subject to Section 457, income tax can be deferred until the compensation is paid even if the executive's rights to the benefits are fully vested-as long as the benefits are unfunded (i.e., the executive's rights to the benefits are no better secured than those of a general creditor
of the association).
Does the financing entity have to become a general creditor
? Not necessarily.
A plan is considered unfunded as long as plan assets, if any, are available to meet the employer's obligation to its general creditors
, and plan participants have no greater security than that of any other general creditor
of the employer.