Unsecured Creditor - Explained
What is an Unsecured Creditor?
Written by J. Mance Gordon
Updated at April 19th, 2024
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What is an Unsecured Creditor?
Unsecured credit is a credit (loan or debt obligation) issued to a borrower without any form of collateral (such as personal assets or real property). So an unsecured creditor is a lender who has no legal claim to property of the debtor in the event the debtor fails to pay the debt owed. Unsecured loans also have higher interest rates than secured loans due to the higher risks involved.
Back To: COMMERCIAL LAW: CONTRACTS, PAYMENTS, SECURITY INTERESTS, & BANKRUPTCY
Secured and Unsecured Creditors in Bankruptcy
If a debtor files bankruptcy, secured creditors have a claim against the specific collateral of the debtor. As such, these creditor must have their debts paid in full, or the asset must be surrender to the creditor. Unsecured creditors have no ability to claim an interest in specific property of the debtor.
What are the types of Unsecured Creditor?
The common types of unsecured creditors are highlighted below;
- Credit card companies
- Landlords
- Student loans firms
- Personal loan firms
- Hospitals and doctors office
Related Topics
- Secured Transactions Law (Intro)
- What is a Security Interest?
- Collateral
- Pledge as Collateral
- Collateralize
- Cross Collateralization
- After-Acquired Collateral
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Unsecured Loan Definition
- Unencumbered Asset
- What is a Secured Creditor?
- Unsecured Creditor
- What are the benefits of security interests for creditors?
- Limited Recourse Debt
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Uniform Commercial Code - Article 9
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- What is a mortgage?
- How does a security interest protect the mortgage holder?
- Lis Pendens
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- UCC-1 Statement
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- Register of Deeds
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- How does one continue perfection of a PMSI in non-consumer goods?
- What is Temporary Automatic Perfection in Proceeds from the sale of goods?
- How is a security interest created in Assignment of Accounts Receivable and Contract Rights?
- How does one perfect a security interest by Possession of the collateral?
- How does on perfect a security interest by Control of collateral?
- How does one perfect a security interest by Filing a Financing Statement?
- What authorization is required to file a financing statement?
- Where is the appropriate office to file a financing statement?
- Defeasance
- Continuation Statement
- What is Priority of a security interest?
- What role does perfection play in establishing the Priority of a secured party?
- What are the common conflicts arising as to priority of a security interest?
- What is the priority of parties secured by common law and statutory liens?
- Lien - Definition
- Blanket Lien Definition
- Unperfected Lien
- Possessory Lien
- Non-Possessory Lien
- Tax Lien
- Mechanics Lien Definition
- Construction Lien
- Cloud on Title
- What is the priority of a buyer of collateral that is subject to a security interest?
- What is required to be a buyer in the ordinary course of business?
- How does 9-320(b) protect consumers who purchase goods from other consumers?
- What is the Shelter Principle?
- What are the general Priority Rules for Conflicting security interests?
- Subordination Agreement
- Who has Priority in Proceeds from the sale of collateral?
- What is a secured party's priority in future advances to a debtor?
- What is the priority of a PMSI in goods (other than inventory and livestock)?
- What is the priority of a PMSI in inventory?
- What is the priority of conflicting PMSIs?
- What is the priority of security interests in fixtures?
- What is the scope of fixture priority rules?