One of the most common issues in the financial sector is the situation of unsecured creditors. In debt law, there is a certain hierarchy of creditors from a person or company. In case of bankruptcy or non-payment of debt, the debtor has the right to claim the right of the creditor from among his assets. However, if the debtor has debts to more than one person or institution, it is put in a certain order who will collect the debt first. It is necessary to have certain criteria in order to get the debt before other creditors. According to the priority status among the creditors, the creditors are divided into two as secured creditor and unsecured creditor. Among these creditors, the documents they will fill and the evidence they will present are also different from each other. For example, a document that is important to unsecured creditors a form stating the name of an unsecured creditor.
Who are Called Unsecured Creditors?
An unsecured creditor is a creditor who lends money without any collateral from the debtor for the debt. Collateral refers to a tangible property of sufficient value to warrant a loan. Typically, unsecured creditors have trouble getting back money lent if a debtor declares bankruptcy or bankruptcy. In the event of bankruptcy, each of the creditors has to file a lawsuit against the company or person who owes the debt. In these cases, the judge has to put the receivables in a certain order. Since the bankrupt company or person owes more than one person/institution, the situation of the creditors determines which of them collects the debt first.
Collateral or Secure is a tangible item that can be sold to recover the remaining debit balance of a loan. For example, a housing loan and a car loan are given as secured loans; because the house and the car act as collateral for the loan.
After answering the question “Who is an unsecured creditor?” we can give information on how to fill the Form Stating the Name of an Unsecured Creditor.
Sample Form Stating the Name of an Unsecured Creditor
If you are an unsecured creditor, you must prove it to the court. Among the debtor’s creditors, secured creditors have priority. It is highly likely that your debt will be paid after the secured creditors of the debtor’s assets collect their receivables.
With the Samples Form Stating the Name of an Unsecured Creditor, which we have shared under this title, you can present your unsecured creditor to the court. It is enough to fill the sections in the downloaded form according to your own information.
Difference Between Secured and Unsecured Creditors
The main difference between secured and unsecured creditors is the order in which they receive money and what type of collateral they have over a company.
Secured creditors rank first in the payment hierarchy, followed by unsecured creditors.
Unsecured creditors do not receive a fee or receive some money if an amount is available after payment to the above creditors.
A secured creditor has rights over a given asset or a variable set of assets for the same amount as it will receive.
Priority debts receive special treatment in bankruptcy and are first in the payment order. The most common priority claims in Chapter 13 cases are:
Domestic support obligations. Child and spousal support obligations owed as of the date of application have the highest payment priority.
Administrative expenses, Administrative expenses are claims that arise in connection with a bankruptcy case and are in second place for payment.
The primary administrative expenses in most Chapter 13 cases are fees owed to the debtor’s attorney and Chapter 13 trustees.
Deferred state, federal, and estate taxes, subject to specific time limits, also have priority over general unsecured claims.