Creditor

A creditor is an entity that is owed money, either for goods or services provided or as a result of a loan. Creditors have a legal right to claim the owed amount from the debtor.

Creditor

Definition

A creditor is an individual, institution, or entity that has extended credit and is therefore owed a debt. They possess a right to collect the owed amount under the terms of their agreement with the debtor. Creditors play a crucial role in finance and commerce by providing capital or resources that enable business and economic activities.

Detailed Definition

In its strict legal sense, a creditor is one who voluntarily gives credit to another for money or other property. In its more general sense, it refers to an individual or entity that has a legal right to demand and recover a sum of money from another party on any account.

Examples

  • A bank that has given a mortgage loan to a homeowner is a creditor. The homeowner is obligated to make regular payments to the bank until the loan is settled.
  • A credit card company, which allows consumers to make purchases on credit. The consumers owe the credit card company the amount spent, plus any applicable interest or fees.
  • A supplier of goods to a business on credit terms. The business promises to pay the supplier at a later date.

Frequently Asked Questions

Q1: What is the difference between a secured and an unsecured creditor? A1: A secured creditor is one who has a claim on the debtor’s assets as collateral to secure the debt. An unsecured creditor does not have any specific assets pledged as collateral for their claims.

Q2: How do creditors enforce their rights? A2: Creditors may enforce their rights through legal actions such as filing a lawsuit, obtaining a court judgment, and enforcing the judgment through garnishment of wages or levies on bank accounts.

Q3: What happens if a debtor declares bankruptcy? A3: In bankruptcy, creditors may receive partial payment through the liquidation of a debtor’s assets or through a restructured repayment plan. Secured creditors generally have priority over unsecured creditors in such distributions.

  • Debtor: An individual or entity that owes money to another party (the creditor).
  • Secured Debt: A debt that is backed by collateral, giving the creditor a specific claim to particular assets of the debtor.
  • Unsecured Debt: A debt that is not backed by collateral, giving the creditor a general claim against the debtor’s assets.
  • Credit: Agreement where a borrower receives resources (money, goods, services) under the agreement to repay in the future with interest.
  • Default: Failure to repay a loan or meet contractual obligations.

Online References

Suggested Books for Further Studies

  • “Debt and Equity in Domestic and International Tax Law” by Werner Haslehner and others.
  • “Credit Management Kit for Dummies” by Austin Reference.
  • “Bankruptcy and Debtor/creditor: Examples and Explanations” by Brian A. Blum.
  • “A History of Corporate Finance” by Jonathan Barron Baskin & Paul J. Miranti.

Fundamentals of Creditor: Finance Basics Quiz

### What is a creditor? - [ ] An entity that owes money. - [ ] A person who is owed property. - [x] One to whom money is owed by the debtor. - [ ] An investor in a company. > **Explanation:** A creditor is an individual, institution, or entity that is owed money by a debtor due to a financial obligation. ### What differentiates a secured creditor from an unsecured creditor? - [ ] The amount of borrowing. - [x] Collateral to secure the debt. - [ ] The number of debtors. - [ ] The country of origin. > **Explanation:** A secured creditor has a claim on the debtor’s assets as collateral, while an unsecured creditor does not. ### What can a creditor do if a debtor doesn't repay? - [ ] Do nothing. - [ ] Increase the debt. - [x] Sue the debtor. - [ ] Waive the debt. > **Explanation:** Creditors can take legal action to recover the amount owed, including suing the debtor. ### What is the legal term for a creditor's right to demand repayment? - [x] Right of recovery. - [ ] Right of excess. - [ ] Right of collateral. - [ ] Right of transfer. > **Explanation:** Creditors have a legal right to demand and recover a sum of money from debtors. ### What is generally the first step a creditor takes if a debtor defaults? - [x] Send a demand letter. - [ ] Skip trace. - [ ] Liquidate assets. - [ ] Forgive the debt. > **Explanation:** The first step is usually to send a demand letter, making the debtor aware of the default and requesting repayment. ### In bankruptcy, who is usually prioritized for repayment? - [ ] Unsecured creditors. - [x] Secured creditors. - [ ] Preferred stockholders. - [ ] General equity holders. > **Explanation:** Secured creditors usually have priority because their claims are backed by collateral and legally prioritized in bankruptcy distributions. ### What kind of asset typically backs a secured creditor’s loan? - [ ] Intellectual property. - [x] Physical property or collateral. - [ ] Goodwill. - [ ] Customer lists. > **Explanation:** Secured creditors' loans are typically backed by physical property or collateral which ensures recovery in the event of default. ### What is the typical hierarchy for debt repayment? - [ ] Shareholders first. - [ ] All creditors equally. - [x] Secured creditors first. - [ ] Preferred creditors last. > **Explanation:** In case of default or bankruptcy, secured creditors are typically prioritized over unsecured creditors and shareholders. ### What action might a creditor take to collect an overdue debt? - [ ] Cancel the debt. - [x] Garnish wages. - [ ] Refinance it. - [ ] Liquidate the company. > **Explanation:** Garnishing wages is one legal method that creditors can use to collect an overdue debt from a debtor’s income. ### When is a loan considered defaulted? - [ ] After the first missed payment. - [ ] If 10 days overdue. - [ ] When partially paid late. - [x] When payments are not made as per the agreement timeline. > **Explanation:** A loan is considered in default when the debtor fails to meet payments as per the stipulated timeline in the borrowing agreement.

Thank you for exploring the concept of creditors and completing our challenging finance basics quiz! Keep building your understanding of financial and legal concepts.

Wednesday, August 7, 2024

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