Get Legal Counsel You Can Trust When Entering Into Or Cashing Out On A Secured Transaction

Last updated on May 27, 2025

Businesses that are struggling with cash flow sometimes require creative financing solutions such as secured transactions. In other situations, businesses with collection difficulties sometimes must resort to seizing collateral from a debtor. On either side of a secured transaction case, legal counsel is often a key part of the process of protecting assets and financial stability.

Aaronson Schantz Beiley P.A. offers customized advice for Florida business owners and managers in the area of secured transactions. Our attorneys’ counsel is effective for your small to medium-sized business, whether you need to obtain a loan or collect on one.

How Secured Transactions Can Give Your Business The Boost That It Needs

You may wonder how to raise your business to the next level, especially in today’s challenging economy. Our attorneys can show you how to achieve your business growth goals with a loan or line of credit that uses existing assets as leverage. By using those assets as collateral, you can obtain financing that minimizes or eliminates risk to your personal assets as a business owner.

Alternatively, if you represent a lender that has made loans backed by a debtor’s security interest, our lawyers will help you recover the value of the loan by taking possession of the collateral if necessary. This option, if it is available in your case, can give your enterprise an advantage over other creditors if the debtor files for business bankruptcy.

Frequently Asked Questions

If you are interested in utilizing secured transactions, you may have questions about the process, and our team is here to provide answers:

What types of assets can be used as collateral in a secured transaction?

In a secured transaction, the lender identifies another asset that will be used as collateral and can be taken if the debt is not repaid appropriately, thereby reducing their risk. Any assets that a business owns may technically be used as collateral, but one of the most common is real estate.

For one thing, commercial real estate holds an incredibly high level of value in many cases, making it a preferred choice to back a significant loan. Additionally, real estate values tend to stay stable or increase over time, further reducing the risk to the lender.

What happens if the debtor defaults on a secured loan? How do I recover my losses?

If the debtor defaults, then the collateral has to be collected in accordance with the contract. In the example above, you may take possession of real estate that was set up as collateral and become the new owner. In turn, you can sell property to recoup the costs of the loan. Our experienced team can help you determine what steps to take.

What are the key differences between a secured transaction and a bankruptcy filing?

In a secured transaction, one specific creditor has a right to the asset that has been used as collateral because it was specifically attached to that loan via contract. In a bankruptcy, nonexempt assets may need to be sold so that multiple creditors can be paid back. This could include a much wider range of assets, but it also means that the proceeds may have to be split among multiple parties.

Are there any specific regulations or laws that govern secured transactions in Florida?

Yes. Secured transactions are governed by Chapter 679 of the Uniform Commercial Code in Florida. This code defines the rights of the parties in a security arrangement, the rights of third parties, the steps that need to be taken while filing, the transition provisions and much more. Our knowledgeable attorneys can help you protect your rights and determine how the law applies in your specific situation.

Learn More About Secured Transactions And Your Financing Or Collection Challenges

We are interested in hearing about your objectives regarding a secured transaction. We are confident that we can help you protect your business’s bottom line without wasting time or resources.

Schedule a consultation to discuss the most effective ways to obtain financing or collect from debtors. Our business law attorneys are ready to get to work promptly to find the solution that you need. Call 786-600-6940 or send an online inquiry.

Aaronson Schantz Beiley P.A., is a debt relief agency. We help businesses and individuals file for bankruptcy relief under the Bankruptcy Code.