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Can a Secured Creditor Refuse to Sell the Collateral?

Jimerson Firm

Any secured creditor, large or small, may encounter a situation in which it is preferable to retain or recover the collateral in a transaction without having to sell the collateral itself. However, many will be unaware of the precise procedure and requirements for retaining the collateral itself. 679.609(1).

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What Assets Do You Lose in Chapter 7?

Sawin & Shea

With Chapter 7 bankruptcy, you as the debtor can discharge most unsecured obligations after liquidating nonexempt assets. In this blog, we discuss what assets and property a debtor may lose in Chapter 7 bankruptcy. Mortgages and car loans are both considered secured debts because they both have backing collateral.

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The Automatic Stay and Bankruptcy

Sawin & Shea

An automatic stay is a fundamental part of bankruptcy that protects debtors from creditor actions. It goes into effect immediately when you file and protects you from those trying to collect from you, such as creditors, collection agencies, government entities, or any other person coming after you for money.

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The Automatic Stay and Bankruptcy

Sawin & Shea

An automatic stay is a fundamental part of bankruptcy that protects debtors from creditor actions. It goes into effect immediately when you file and protects you from those trying to collect from you, such as creditors, collection agencies, government entities, or any other person coming after you for money.

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Chapter 13 Bankruptcy Dismissed. Can I Refile?

Sawin & Shea

When filing for Chapter 13, debtors don’t immediately discharge their debts. They may suspect that the debtor committed fraud or tried to deceive the court or their creditors in another way. Courts can punish this behavior by dismissing a case with prejudice, making it harder for the debtor to refile.

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Update: Supreme Court Resolves Circuit Split Regarding Pre-Bankruptcy Seizure

PBWT

In 2019, we began following a Circuit split regarding a secured creditor’s obligation to return collateral that it lawfully repossessed pre-petition after receiving notice of a debtor’s bankruptcy filing. by the existence of a separate provision, §542, that expressly governs the turnover of estate property.”

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10 Common Questions About Bankruptcy

Debt Free Colorado

This type of bankruptcy enables the debtor to combine their debts, reach an agreement on a lower overall number and submit to a three-to-five-year plan for debt repayment. A case may be changed from a Chapter 13 filing to a Chapter 7 liquidation if the debtor doesn’t make payments on time. What Can’t Bankruptcy Do?