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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. Chapter 13 involves commitment from the declarer to repay a portion of their debt over a specified period (usually three to five years).

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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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Consumer Debt vs. Non Consumer Debt

Sawin & Shea

They can assist you through the bankruptcy process and can keep creditors from unlawfully harassing you. In order to understand the bankruptcy process, here’s what you need to know about consumer debt and non-consumer debt. What is Consumer Debt? With consumer debts, co-debtors receive the protection of an automatic stay.

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

Roths Child Law

Chapter 7 Chapter 7 bankruptcy can eliminate most unsecured debts that aren’t secured by collateral, in the way that auto and home loans are. Since Chapter 7 does not allow for the restructuring of debts, it provides no mechanism to catch up on arrears. Nevertheless, this relief will be short-lived.

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What Happens to My Personal Loan After Bankruptcy?

Sawin & Shea

If you fail to repay an unsecured personal loan, the lender cannot repossess your assets. Common unsecured loans include: Bank loans with no collateral. Personal loans from lenders that you know, such as acquaintances, co-workers, employers, friends, and family. Credit card debts. Payday loans. Signature loans.

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Does Chapter 13 Wipe All of Your Credit?

Sawin & Shea

The court will then order a bankruptcy stay — also called an automatic stay — that prohibits creditors and lenders from collecting what you owe. Do Creditors Prefer Chapter 13 Bankruptcy? This means that unsecured creditors, such as credit card companies, won’t receive what the debtor owes.

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Bankruptcy Chapter 7 vs 13: Which Is The Best Option?

Debt Free Colorado

Consider your income, assets, creditors, expenditures, and your ability to pass the means test while selecting between Chapter 13 and Chapter 7. Creditors are prohibited from contacting you after your petition is filed. Chapter 7 is a disaster when it comes to secured debt. . The means test decides who can seek debt relief.