Chippewa provided the funding for Mesabi to make the deferred mechanic lienholder
payments last Friday, over three years ahead of schedule.
A junior lienholder
who objects through the court may tender to the creditor the amount due under the negotiated transfer and assume the benefit of the proposed transfer.
If she can find such a company, then she still has to list you and the finance company on the insurance as owner and lienholder
Until a notice to owner becomes mandatory prior to any nonjudicial sale, lienholders
may typically have the upper hand in enforcing their liens under Part II.
First, [section] 363 does not explicitly authorize an Ice Cube Bond, but it does permit the court to impose conditions on the sale of property of the estate--such as through a lien or a holdback of a portion of proceeds--at the request of a party in interest to protect lienholders
, including junior lienholders
Not only are there the third-party obligor on the note and potentially tenants on the property, but there are also potentially other lienholders
, beneficiaries of servitudes, and taxing authorities that are affected.
69) He argued that if all powers "remained so united we cannot expect that the laws may be enacted for the protection of the rights and property of the lienholders
What rights do lienholders
have both before and after a tenant default?
She comes to the company from the law firm of Harrison Doggett & Duncan, where she worked with large lien transferees and the Texas Property Tax Lienholders
Market prices, such as the actual sale prices used in the Portland study, seem most relevant to owners or lienholders
who want to sell or buy property in the short term.
1985) (holding statutory "aggregate value of all liens" means the full amount of all debt secured by the liens, and noting the alternative would violate "the well-established rule that the bankruptcy court should not order the sale of property free and clear of interests and liens unless the court is satisfied that the sale proceeds will fully compensate the secured lienholders
and produce some equity for the estate"), aff'd, 983 F.
Cash flow positive transactions thus improve the net worth of the borrower, improving his financial position vis-a-vis other lienholders
pid=conewsstory&tkr=MSFT:US&sid=AssOhkekB0bl (describing conflict between first-lienholders
, second lienholders
and unsecured creditors and competing plans).
The trial courts in this case found that the common-fund doctrine applied to the personal injury lawsuits, because (1) the funds were created as a result of the services performed by the plaintiff's attorneys, (2) the lienholders
did not participate in the creation of the funds, and (3) the lienholders
would be unjustly enriched if they could recover from the fund without contributing to the costs of creation.
are also often a barrier to refinancing, (73) particularly because approximately half of all at-risk liens have second mortgages.