What is the difference between secured and unsecured creditors?
In Delaware, bankruptcy law states the difference between secured and unsecured creditors. A secured creditor is a creditor who has a legal claim or lien against specific collateral. The collateral can be anything from real estate to personal property. This type of creditor has the right to take possession of the collateral if the debtor does not repay the loan in accordance with the terms of the loan agreement. An unsecured creditor is a creditor that does not have a legal claim or lien against any specific piece of collateral. This type of creditor does not have any legal right to take possession of any specific item in order to recover the loan. Unsecured creditors, such as credit card companies and medical providers, must rely on the debtor to voluntarily pay back the loan. If the debtor does not make payments, the unsecured creditor may attempt to collect the debt through legal action. In a bankruptcy filing, the order of priority determines how secured and unsecured creditors are paid. Secured creditors are typically paid first; however, unsecured creditors will still receive some portion of the debt if the debtor does not have enough money to pay back all the creditors. Depending on the amount of remaining debt, unsecured creditors may receive nothing at all. In the end, secured creditors are generally more protected than unsecured creditors in bankruptcy proceedings.
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