§ 10-18-11. Subsequent creditors.
(a) All subsequent creditors who have obtained the receiver’s approval prior to their extension of credit may be included in the plan upon application to the court by the creditor, the receiver, or the debtor.
(b) The court, upon application by a creditor to be included in the plan, may include such creditors in the plan if it determines that the extension of credit to the debtor was reasonable. The court’s criteria in the process of determining the reasonableness of a creditor’s extension of credit shall include, but not be limited to, the following:
(1) Amount of credit extended;
(2) Purpose for which the credit was extended;
(3) Terms upon which the credit was extended;
(4) Debtor’s ability to meet this extra financial obligation in light of his or her financial position under the plan.
(c) If a subsequent secured creditor extends credit without the receiver’s approval, the secured creditor may reclaim or repossess the collateral sold on security if the debtor defaults upon the contract of sale unless the retention of such collateral by the debtor is essential to the continuance of his or her employment upon reasonable terms and conditions. In such case, § 10-18-10(e) shall apply.
History of Section.P.L. 1972, ch. 186, § 1.
Structure Rhode Island General Laws
Title 10 - Courts and Civil Procedure – Procedure in Particular Actions
Chapter 10-18 - Wage Earner Receivership
Section 10-18-1. - Short title.
Section 10-18-2. - Definitions.
Section 10-18-3. - Filing of petition.
Section 10-18-4. - Appointment of receiver and assignment.
Section 10-18-5. - Resignation and removal of receiver — Termination of receivership.
Section 10-18-6. - Compensation of receiver.
Section 10-18-7. - Effect of filing.
Section 10-18-8. - Filing of the accepted plan with the secretary of state and its effect.
Section 10-18-9. - Effect of approval of plan on prior unsecured creditors.
Section 10-18-10. - Effect of approval of plan on prior secured creditors.
Section 10-18-11. - Subsequent creditors.
Section 10-18-12. - Claims brought to judgment — Priority in case of default.
Section 10-18-13. - Establishment of plan.
Section 10-18-14. - Contents and payments of plan.
Section 10-18-15. - Dispute of claims during pendency of proceedings.
Section 10-18-16. - Termination of the plan.
Section 10-18-17. - Duration of proceedings.
Section 10-18-18. - Subpoenas — Costs.
Section 10-18-19. - Deferred obligations of debtor during pendency of receivership proceedings.