Remove Collateral Remove Collections Remove Garnishment Remove Repossession
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What Happens to My Personal Loan After Bankruptcy?

Sawin & Shea

Unsecured loans are loans that don’t have collateral. If you fail to repay an unsecured personal loan, the lender cannot repossess your assets. Common unsecured loans include: Bank loans with no collateral. Repossession deficiency claims. You can also surrender the loan’s collateral in order to discharge the debt.

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Automatic Stay Timeline

Sawin & Shea

This stay halts most collection activities and legal actions against the filer. At the moment of filing, creditors receive legal notice to halt collection activities. The duration of the automatic stay depends on the type of bankruptcy and whether collection is against the debtor or the debtor’s property.

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Secured vs Unsecured Debt: Everything You Need to Know

Sawin & Shea

In broad terms, if a debt is secured, it means it is backed up by collateral property. If a debt is unsecured, no collateral is put up as a guarantee to pay. They may use collection agencies , or they may sue you (asking the court to garnish wages, take an asset, or put a lien on your home). What is the difference?

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The Automatic Stay and Bankruptcy

Sawin & Shea

Many people worry that bankruptcy will simply delay the inevitable, such as a lawsuit, wage garnishment, or a foreclosure, and that their creditors will still come after them. During an automatic stay, all parties or entities mentioned above are prohibited from collecting on debts you incurred before filing for bankruptcy.

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The Automatic Stay and Bankruptcy

Sawin & Shea

Many people worry that bankruptcy will simply delay the inevitable, such as a lawsuit, wage garnishment, or a foreclosure, and that their creditors will still come after them. During an automatic stay, all parties or entities mentioned above are prohibited from collecting on debts you incurred before filing for bankruptcy.

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Is It Better To Declare Bankruptcy or Debt Consolidation?

Sawin & Shea

The Pros Bankruptcy can stop foreclosures , repossessions, lawsuits, wage garnishment, utility shut-offs, and debt collection activities through its automatic stay provision. Equity loans put your home at risk as collateral. Your assets are protected while you make monthly payments to creditors through the court.

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CFPB’s Summer Edition of Supervisory Highlights Focuses on Auto Lending/Servicing and Debt Collection Practices

Troutman Sanders

The findings included in the report cover examinations in the areas of auto origination, auto servicing, consumer reporting, debt collection, deposits, fair lending, information technology, mortgage origination, mortgage servicing, payday and small dollar lending, and remittances.