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What Debts Are Not Discharged in Bankruptcy?

Sawin & Shea

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. A Special Note About Student Loan Debt Can student loans be discharged in bankruptcy?

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Biden administration forgives $39 billion in student debt for more than 800,000 borrowers

Collection Industry News

The Biden administration announced Friday it would automatically forgive $39 billion in student debt for 804,000 borrowers. The relief is a result of fixes to the student loan system’s income-driven repayment plans. Working people have been made collateral damage by a dysfunctional student loan system.”

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What Is a Personal Guarantee in Bankruptcy?

Sawin & Shea

A friend or family member may step in to assist the borrower in obtaining a loan for a car, home, or student loan. Unfortunately, if a friend or family member needs someone to personally guarantee their loan, that likely means they’ll have a high-interest rate and have a higher chance of defaulting on payments.

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Consumer Debt vs. Non Consumer Debt

Sawin & Shea

Examples of non consumer debts include: Alimony Child support Traffic tickets Parking tickets Criminal restitution Business loans Personal guarantees Business property mortgages Business-related legal fees Taxes. Are Student Loans Consumer or Non-Consumer Debts?

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Can I File Bankruptcy on Just My Credit Cards?

Sawin & Shea

Briefly, unsecured debts are not backed by any collateral and include things like credit card balances and unpaid medical bills. Creditors cannot reclaim any of your property if you default on a loan. However, secured debt means the borrower has put up collateral (e.g. When Should I Consider Declaring Bankruptcy?

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How Much Debt is Needed to File for Bankruptcy?

Sawin & Shea

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. Secured debts refer to debts with collateral, like house payments and car payments.

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Bankruptcy basics: Here are the debts you cannot clear with bankruptcy

Roths Child Law

Here are some of the debts that you generally cannot clear away with bankruptcy: Student loan debt. The reasoning behind classifying student loans as non-dischargeable dates back to the 1970s when most college graduates were able to land gainful employment and repay the loan fairly easily. Mortgage debt.