[CLC-Discussion] Secured creditor

[Andrea Fair]

I could be wrong but I would imagine there is language in the lien and/or bond statutes that specifically uses the word “security.”  If so, then I would argue that a bond claim is a secured claim and the legislature intended for it to be.


Andrea M. Fair-Purcell
Board Certified Construction Attorney
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From: clc-discussion-bounces at lists.flabarrpptl.org [mailto:clc-discussion-bounces at lists.flabarrpptl.org] On Behalf Of Blaik Ross
Sent: Wednesday, October 03, 2012 9:13 AM
To: Weintraub, Lee; peter at robertsonfirm.com; clc-discussion at lists.flabarrpptl.org
Subject: Re: [CLC-Discussion] Secured creditor

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!



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From: clc-discussion-bounces at lists.flabarrpptl.org<mailto: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<mailto:peter at robertsonfirm.com>; clc-discussion at lists.flabarrpptl.org<mailto: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



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Lee A. Weintraub
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From: clc-discussion-bounces at lists.flabarrpptl.org<mailto:clc-discussion-bounces at lists.flabarrpptl.org> [mailto:clc-discussion-bounces at lists.flabarrpptl.org] On Behalf Of peter at robertsonfirm.com<mailto:peter at robertsonfirm.com>
Sent: Wednesday, October 03, 2012 8:24 AM
To: clc-discussion at lists.flabarrpptl.org<mailto: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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