Question: Please reply to the post below, whether you agree or disagree. Since Earl's promissory note would be considered debt and not equity based on the
Please reply to the post below, whether you agree or disagree.
Since Earl's promissory note would be considered debt and not equity based on the above information given, he would be entitled to payment of his loan to Digital. Although this could be confusing due to the fact that Earl is also a shareholder and that would put him towards the bottom of the list in terms of who is to be repaid first, however since the loan was given to the company as debt as they were going through hardship, it would gain some traction and move up the list of priorities of repayment. Additionally, Earl would be covered under the right of reimbursement that laws that are available. This means that the surety (Earl) is entitled to receive from the debtor (Digital Services, Inc.) all outlays made on behalf of the suretyship arrangement (Cross & Miller, 2024). Another interesting portion of this case would be if Earl's loan to Digital was a secured debt or an unsecured debt. If it was a secured debt with collateral behind it, he would take priority over the unsecured creditors and therefore would likely receive his money back prior to some of the creditors and claimants. Secured creditors will likely take credit over any other claimants and credits according the United States Code by the Office of Law Revision Counsel.
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