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Why Chapter 7 isn’t the best option for foreclosure concerns

Roths Child Law

When homeowners face the daunting prospect of foreclosure, understanding the defensive options available can potentially help them preserve their homes and financial stability. For example, two common types of bankruptcy , Chapter 7 and Chapter 13, offer different benefits and drawbacks in the context of foreclosure.

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Secured vs Unsecured Debt: Everything You Need to Know

Sawin & Shea

Declaring bankruptcy will discharge most types of debt but not others. Before you declare bankruptcy, it’s crucial to understand how the law treats the concept of secured vs unsecured debt. It distinguishes between what are called ‘secured’ and ‘unsecureddebts, which are terms you need to know before filing for bankruptcy.

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Can You Reaffirm a Debt in Chapter 13?

Sawin & Shea

Entering a reaffirmation agreement is a way that debtors in a Chapter 7 bankruptcy keep collateral attached to secured debt like houses or cars. The agreement makes you responsible for the debt again like the bankruptcy never happened for that debt. What’s the Difference Between Chapter 13 and Chapter 7 Bankruptcy?

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Consumer Debt vs. Non Consumer Debt

Sawin & Shea

An automatic stay prevents creditors and lenders from collecting debt or collateral on protected assets. With consumer debts, co-debtors receive the protection of an automatic stay. How Does Consumer and Non-Consumer Debt Impact Your Chapter 7 Bankruptcy Filing?

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Cosigner Responsibilities: When Is a Cosigner Liable for a Debt?

Sawin & Shea

It’s often necessary for risky or low-credit borrowers to have a co-signer in order to secure a loan or another form of debt. When a borrower applies for a loan or credit card, the lender will assess their creditworthiness by looking at their income, credit score, and debt-to-income ratio. Considering Filing for Bankruptcy?

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Overview of Florida’s New Uniform Commercial Real Estate Receivership Act

Jimerson Firm

The Act codifies existing common law in Florida regarding the right to have a receiver appointed by the court in commercial foreclosure actions, and provides much needed clarity, predictability, and uniformity on the standard for the appointment of a receiver and the powers of receivers. What is the Purpose of the Act?

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How Long Will Chapter 13 Delay Foreclosure?

Sawin & Shea

Although sometimes borrowers can receive a forbearance or work out a repayment plan with their lenders, many are unable to reach this agreement, meaning they’re at risk of losing their homes. Chapter 7 bankruptcy liquidates your assets in order to discharge unsecured debts, such as medical bills and credit card debt.