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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

If you are struggling with debt and are behind on payments, it’s important to understand what kind of debt you have and how it will be handled should you miss too many payments. While bankruptcy itself can also be scary, it is often the best option if you have too much debt to get a handle on your financial situation.

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Debtor Education Course After Filing for Bankruptcy

Sawin & Shea

Since 2005, a debtor education course from an approved provider is mandatory for anyone who files for bankruptcy. Debtor education classes provide customized guidance based on your unique circumstances. Since then, bankruptcy filers have been required to take both a bankruptcy credit counseling course and a debtor education course.

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Managing Bankruptcy and Medical Debt Relief in Broomfield, CO

Debt Free Colorado

Chapter 13 entails a three to five-year repayment plan for gradual medical debt payment. You can consider filing for bankruptcy if you have overwhelming medical debt or persistent financial struggles. Some options are negotiating with creditors, structured payment plans, and debt consolidation.

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Bankruptcy Courts Must Independently Assess Plans

PBWT

PERRY, Debtor. In the proceedings below, the debtor filed a Chapter 13 bankruptcy petition, which included unsecured claims totaling $427,103.70. to address and correct a defect in a debtor’s proposed plan even if no [party] raises the issue.” In a recent decision, In re: BRUCE D. SDNY, Appellant, v.

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Can You Use a Bankruptcy to Stop a Foreclosure?

Sawin & Shea

In most cases, Chapter 7 bankruptcy allows the debtor to postpone a foreclosure sale, but does not stop the process permanently. In other words, a Chapter 13 Plan can reorganize debts in ways that can help struggling homeowners get back on track with their mortgage payments, curing arrearages and making ongoing monthly payments.

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Debtor Allowed to Make Voluntary Contributions to Retirement Fund While Repaying Creditors

ABI

American Bankruptcy Institute Law Review Staff. . In In re Marlena Joy Pizzo , the United States Bankruptcy Court for the District of South Carolina held that a debtor may voluntarily contribute to her retirement plan while paying creditors under a bankruptcy plan. [1] 6] The court referred to 11 U.S.C. at *2 (quoting 11 U.S.C.

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