[CLC-Discussion] Secured creditor

[Blaik Ross]

How about a bond holder?  I am making a performance bond claim against a
surety in liquidation for money damages and they ask on their proof of
claim form if I am a secured creditor.  I answered yes and attached the
bond as the security agreement, but received a letter from their
attorney saying a bond is not a security agreement but an "insurance
policy", therefore my claim is unsecured.  They cited no authority for
the statement.  They said I will have an opportunity later to object to
that classification if I feel otherwise.  Anyone know the answer?

 

Thanks!

 

________________________________

From: clc-discussion-bounces at lists.flabarrpptl.org
[mailto:clc-discussion-bounces at lists.flabarrpptl.org] On Behalf Of
Weintraub, Lee
Sent: Wednesday, October 03, 2012 8:51 AM
To: peter at robertsonfirm.com; clc-discussion at lists.flabarrpptl.org
Subject: Re: [CLC-Discussion] Secured creditor

 

In bankruptcy cases, a lien holder is deemed a secured creditor even
prior to judgment

 

 

 Becker & Poliakoff<http://becker-poliakoff.us/graphics/logo_120.gif>
<http://www.becker-poliakoff.com/> 

Lee A. Weintraub
Board Certified Construction Lawyer

 

Emerald Lake Corporate Park
3111 Stirling Road
Fort Lauderdale, FL 33312-6525

954.985.4147 Phone
954.985.4176 Fax

LWeintraub at becker-poliakoff.com
www.becker-poliakoff.com


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________________________________

From: clc-discussion-bounces at lists.flabarrpptl.org
[mailto:clc-discussion-bounces at lists.flabarrpptl.org] On Behalf Of
peter at robertsonfirm.com
Sent: Wednesday, October 03, 2012 8:24 AM
To: clc-discussion at lists.flabarrpptl.org
Subject: [CLC-Discussion] Secured creditor

I have a question about secured creditors.  Is a construction lien
holder a secured creditor?  I don't think so until there is a judgment,
but can't find a statutory or case law basis.  I appreciate any help.

 

Peter A. Robertson

Board Certified Construction Law

Board Certified Civil Trial

The Robertson Firm

5547 A1A South

Suite 108

St. Augustine, FL 32080

T (904)853-2612

F (904)853-2613

 

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