What happens to secured creditors in a Chapter 11 bankruptcy?
In a Chapter 11 bankruptcy case in Utah, secured creditors have special rights and protection under the law. Secured creditors have rights to their collateral and they can repossess any property if the debtor does not make payments on the loan. Secured creditors can also file a claim in the bankruptcy case to be paid in full or to be given some form of payment. The bankruptcy court must approve the payment plan between the debtor and the creditors for the repayment of the debt. This payment plan must be approved by the court before the bankruptcy case is completed. The plan must be accepted by the secured creditors and must be fair and equitable for both the debtor and the creditors. The plan may include terms for repayment of the debt, a method for determining the value of the collateral, and other conditions of repayment. During the bankruptcy case, the debtor must continue to make payments on the loan and on the property collateralizing the loan. The secured creditors have priority over unsecured creditors in the repayment of the debt and collateral. If the debtor does not make payments as agreed, the secured creditors have the right to repossess the property. The secured creditors must also follow the terms of the payment plan and the court’s orders regarding the repayment of the debt. The rights of secured creditors in a Chapter 11 bankruptcy in Utah protect them from financial losses. They can take back their collateral if the debtor does not make payments as agreed, and they have priority over unsecured creditors in the repayment of the debt.
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