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Secured vs Unsecured Debt: Everything You Need to Know

Sawin & Shea

However, it is important to note that before bankruptcy is declared, lenders can still come after you to get you to pay off the unsecured debt. 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).

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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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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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How Aggressive Collections Attorneys Can Aid in Massachusetts Debt Recovery

Collections Law

You might be preparing to write off these dues as bad debts — but there is still light at the end of the tunnel. The experienced collection attorneys at the Law Offices of Alan M. Cohen LLC will work relentlessly to make sure you recover your bad debt. Why Hire a Collections Attorney? The Law Offices of Alan M.

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What Happens to My Personal Loan After Bankruptcy?

Sawin & Shea

Additionally, you can discharge a loan regardless of whether the original lender has the loan or whether the lender sold it to a collection agency or debt buyer. Even if a creditor has initiated a wage garnishment you can still discharge the unsecured loan in Chapter 7 bankruptcy.

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Questions to Ask a Chapter 7 Bankruptcy Lawyer Before Filing for Bankruptcy

Sawin & Shea

Chapter 7 bankruptcy, also known as liquidation or straight bankruptcy, can help those having financial difficulties clear away various types of debts. When you file for Chapter 7 bankruptcy, the Court will place an automatic stay upon filing, which stops creditors from collecting payments, garnishing wages, or repossessing property.

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Debtor Education Course After Filing for Bankruptcy

Sawin & Shea

There are some key differences between these two types of bankruptcy.