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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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What is the Difference Between Secured and Unsecured Debt?

Sawin & Shea

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. What is Unsecured Debt?

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What Happens to My Personal Loan After Bankruptcy?

Sawin & Shea

In order to plan out your financial future, you need to understand the difference between secured and unsecured loans. Unsecured loans are loans that don’t have collateral. If you fail to repay an unsecured personal loan, the lender cannot repossess your assets. Credit card debts. Payday loans.

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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.

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What Happens After a Personal Loan Bankruptcy Discharge?

Sawin & Shea

Types of personal loans include: Installment Plan Payday Peer-to-Peer Lending Cosigner /Guarantor Debt Consolidation Variable Rate Fixed Rate During your bankruptcy proceeding, at least a portion of these loans will be discharged, whether you borrowed from brick-and-mortar or online lenders. Unsecured loans don’t have collateral.

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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. Next, the judge will assign a bankruptcy trustee to your case.

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Consumer Debt vs. Non Consumer Debt

Sawin & Shea

When it comes to filing Chapter 13, your consumer and non-consumer debt classifications determine what is and isn’t protected by an automatic stay. An automatic stay prevents creditors and lenders from collecting debt or collateral on protected assets.