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What is the Difference Between Secured and Unsecured Debt?

Sawin & Shea

However, if you file for bankruptcy, it can put a pause on debt collection, including actions by secured creditors. How your debt is handled in bankruptcy will depend on which type you file. If an agreement cannot be reached between the debtor and the debt collector, the lender will likely file a lawsuit against you.

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Secured vs Unsecured Debt: Everything You Need to Know

Sawin & Shea

One of the benefits of declaring bankruptcy is that debt collectors cannot try to collect on debts that were discharged in bankruptcy. Secured Debt Secured debt would include things like: House mortgages Car/vehicle loans Some taxes Loans for furniture/appliances/large electronics Which type of debt is most often secured?

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9th Cir. Reverses Trial Court Ruling in Favor of Defendant on FDCPA Claim Related to Bankruptcy

Collection Industry News

Court of Appeals for the Ninth Circuit recently reversed an award of summary judgment in favor of a defendant debt collector against claims that it violated the federal Fair Debt Collection Practices Act (FDCPA) by attempting to collect a debt that was discharged in bankruptcy and no longer owed. 1692d, 1692e, 1692f.

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10 Common Questions About Bankruptcy

Debt Free Colorado

The main disadvantage of Chapter 7 bankruptcy is that anything subject to a security interest is not exempt (home, automobile) and can be seized to satisfy the debt connected to the specific item. However, how can you tell if your debt issue calls for such a drastic measure?

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Separate Military Service Periods Considered Single Transactions for Recoupment Purposes

ABI

11] Because bankruptcy law policy favors equal treatment of creditors and bank court supervision over secured creditors, the recoupment doctrine is narrowly construed. [12] 16] Additionally, because of the equitable nature of the recoupment doctrine “the facts in the particular case are important.” [17]