Sawin & Shea

DECEMBER 7, 2022

When filing for Chapter 13 bankruptcy, your home’s mortgage payments will be restructured into your repayment plan, and creditors will not be able to repossess your home or take legal action against you thanks to the bankruptcy automatic stay. Secured debts refer to debts with collateral, such as a home or car.

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Sawin & Shea

AUGUST 24, 2022

What Is Chapter 13 Bankruptcy? You’ve likely heard about Chapter 7 and Chapter 13 bankruptcy — as they are the most common types and are available to individuals — but how do they differ? If you’re eligible to file under Chapter 7 and only have unsecured debts, this may be your best course of action.

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Sawin & Shea

AUGUST 23, 2023

Bankruptcy Explained Bankruptcy is a powerful legal process that can help individuals or businesses that are overwhelmed by debt get a fresh start and a path to rebuild. Chapter 7 is also known as the “liquidation bankruptcy” because it allows individuals to liquidate all non-exempt assets to help pay off their debt.

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Credit Corp

MAY 3, 2023

However, we’ve provided some basic answers below to the question, “What is the difference between Chapter 7, 11, and 13 when it comes to bankruptcy?” In This Piece Understand the Types of Bankruptcy How Do You Know Which Bankruptcy Type is Right for You? What Is Chapter 11 Bankruptcy?

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Sawin & Shea

NOVEMBER 15, 2023

What’s the Difference Between Chapter 7 and Chapter 13? Put simply, Chapter 7 is a liquidation while Chapter 13 is about reorganization. In the case of a Chapter 7 bankruptcy , the court appoints a trustee who is in charge of selling off (liquidating) a debtor’s non-exempt assets.

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Sawin & Shea

FEBRUARY 21, 2024

Chapter 13 bankruptcy allows people with regular income to develop debt repayment plans to discharge their eligible debts over 3 to 5 years. This is different from Chapter 7 bankruptcy which liquidates assets to pay back debts but does not involve a structured repayment plan.

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Sawin & Shea

JANUARY 5, 2022

While most post-petition debts are not eligible to be added after you have already filed, there are some situations where it may be allowed, including: If you convert from Chapter 13 to Chapter 7, debts incurred after the Chapter 13 filing and before the conversion date can be added to the Chapter 7 bankruptcy.

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Sawin & Shea

AUGUST 30, 2023

It is a legal way of either consolidating or discharging allowable debts in order to get a fresh start. Although businesses can also declare bankruptcy, we will focus on personal bankruptcy in this article. After taking a means test, you will file papers and a petition with the bankruptcy court. Collection agency bills.

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Sawin & Shea

JANUARY 4, 2024

To receive the discharge, you must prove that you qualify in three ways: You must demonstrate that the situation preventing you from honoring your Chapter 13 repayment plan is beyond your control and you should not “ be justly held accountable.” Ineligible types of debt include secured debts, priority debts, and nondischargeable debts.

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Debt Free Colorado

JANUARY 10, 2022

Individuals and corporations can choose this option, but they must pass the Chapter 7 Means Test to calculate their monthly discretionary income. They can file for Chapter 7 if their disposable income is low enough. Advantages and Disadvantages of Bankruptcy Chapter 7. Secured debts can be discharged.

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Roths Child Law

DECEMBER 15, 2021

One option that you have is to file for bankruptcy. This gives you the chance to take care of your debts and start fresh. If you file a Chapter 7 bankruptcy, your non-exempt debts are liquidated so creditors can receive some payment for your accounts. Credit cards are one of the more common unsecured debts.

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Roths Child Law

JANUARY 31, 2023

It is important that you understand how these types of bankruptcies differ. If you are seeking to discharge unsecured debts like medical debts, credit card debts and unsecured loans, then you need to file for Chapter 7 bankruptcy.

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Titan Consulting

AUGUST 23, 2020

You must qualify to file for bankruptcy, and your income must meet an income means test. If you do not qualify for a Chapter 7 bankruptcy to liquidate your debts, you may be required to pay back a significant portion of your debts under a Chapter 13 Bankruptcy, and still suffer the negative impact to your credit score.

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Sawin & Shea

JANUARY 12, 2022

They can help you throughout the entire process and even after the bankruptcy has ended when you are trying to get back on your feet. How Debt Discharge Works. The type of bankruptcy you file will determine how your debts are handled. However, you may have to give up some of your property in return.

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Albuquerque Law

MAY 19, 2020

The simple answer is no – regardless of how much debt an individual has, they have options to achieve debt relief. However, the amount of debt they have could influence which chapter of bankruptcy they file. The means test focuses primarily on income.

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Sawin & Shea

JANUARY 11, 2024

Chapter 13 Bankruptcy There are 6 types of bankruptcy, but two of the most common types are Chapter 7 and Chapter 13. Each type of bankruptcy is named after the chapter of the code that describes it.) There are some key differences between these two types of bankruptcy.

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Sawin & Shea

JULY 15, 2020

A Chapter 13 can help you get caught up on houses and cars, help you hang onto property that might be taken and liquidated in a Chapter 7 case, and help people with debts that are not eligible for a Chapter 7 bankruptcy for one reason or another. What Kind of Paperwork Will I Have to File?

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Sawin & Shea

MARCH 9, 2022

Firstly, you need to understand the difference between unsecured and secured debts. Unsecured debts refer to debts that don’t have collateral. Some examples of unsecured debts include, but are not limited to, repossessions deficiencies, old lease balances, medical bills, cash advance loans, and credit card debts.

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Sawin & Shea

APRIL 12, 2023

There are five different types of bankruptcy filings, but for clarity’s sake, we’ll be emphasizing Chapter 7 and Chapter 13 bankruptcy-related issues as they are two of the most common ways to file. What is the Difference Between Chapter 7 and Chapter 13?

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Debt Free Colorado

DECEMBER 30, 2023

Is My Individual Retirement Account (IRA) Fund Safe in Bankruptcy? In both Chapter 7 and Chapter 13 bankruptcies, IRA plans are generally afforded some level of protection , but the specifics can vary. Both options have implications, and it’s critical to consider the potential consequences before deciding.

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Collection Industry News

DECEMBER 21, 2020

Three Types of Chapter 10 Plans: “Residence” and “Property” Plans for Repayment of Secured Debts and General Repayment Plans for Unsecured Debts. Secured creditors retain their liens until receipt of the full amounts owed as of the plans’ effective dates. Debtors’ Attorneys Paid over Time.

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Sawin & Shea

JANUARY 25, 2022

However, which type of bankruptcy you file will also depend on what kind of debt you have. Secured and unsecured debt is handled differently in Chapter 7 vs. Chapter 13. What is Secured Debt? Secured debts are a type of debt backed by an asset that is used as collateral.

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Debt Free Colorado

MARCH 3, 2023

There are officially six separate categories of bankruptcy , each designated after a specific section of federal bankruptcy law. However, Chapter 7 and Chapter 13 bankruptcy are the two types of bankruptcy that are most frequently filed. Chapter 7 is known as liquidation in bankruptcy legislation.

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Debt RR

DECEMBER 13, 2019

Past-Due Secured Debt. Just like individuals, businesses often have mortgages, vehicle loans, and other secured loans. Debt can also be secured using intellectual property, equity, and other soft debt. Missing payments on secured debt causes the creditor to repossess the property as recourse.

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Debt RR

JANUARY 24, 2020

Secured debt: If a business receives a loan or other credit — like a credit card — because of specific assets or liquid collateral, they have secured debt. Though more uncommon than equipment leases and unsecured debt, some businesses are able to acquire secured credit options.

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