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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. It matters because not all debts are equal in the eyes of the law. Secured vs Unsecured Debt: What’s the Difference?

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Consumer Debt vs. Non Consumer Debt

Sawin & Shea

Consumer debt refers to an individual, family, or household’s debts incurred through personal spending and expenses. If your debts have to do with personal or family spending rather than business expenses, penalties, and taxes, they are likely consumer debts. Are Student Loans Consumer or Non-Consumer Debts?

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When is filing for Chapter 13 bankruptcy a good idea?

Roths Child Law

It could even help you to save a home that is at risk of foreclosure. Certainly, filing for bankruptcy isn’t the best debt management or debt solution for all consumers. However, if you’re struggling with multiple debts, Chapter 13 bankruptcy could be a great opportunity.

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Second Mortgage Lien Stripping With Chapter 13 Bankruptcy

Sawin & Shea

Chapter 13 lien stripping eliminates junior liens when your property is worth less than the remaining balance of your primary loan. When a court approves the stripping of a lien, after your discharge those lenders can no longer collect debts on that lien or threaten to foreclose on a home for missed payments. What is Lien Stripping?

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Pros and Cons of Chapter 13 Bankruptcy

Sawin & Shea

By stretching out, modifying, or reducing payments, Chapter 13 helps make debt more manageable for financially distressed individuals while allowing them the opportunity to save assets like their homes from foreclosure and cars from repossession. Ultimately, balances on most types of unsecured debts are discharged at the end of a plan.

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Second Mortgage Lien Stripping With Chapter 13 Bankruptcy

Sawin & Shea

Chapter 13 lien stripping eliminates junior liens when your property is worth less than the remaining balance of your primary loan. When a court approves the stripping of a lien, after your discharge those lenders can no longer collect debts on that lien or threaten to foreclose on a home for missed payments. What is Lien Stripping?

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What Does a Chapter 13 Repayment Plan Look Like?

Sawin & Shea

It stops creditors from pestering you and halts repossessions and foreclosures while you work on creating a repayment plan that’s reasonable for you to repay based on your income and assets. In a Chapter 13 you do not have to repay most debts in full. In fact, the U.S. What Is A Chapter 13 Repayment Plan?