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Bill Limiting a Hospital’s Means of Collecting Past Due Medical Debt Poised to Become Law

Troutman Sanders

The bill as proposed would prohibit hospital creditors from requesting wage garnishments against patients for debts if that patient was eligible for free or reduced-cost care. However, under the bill as proposed, a hospital may not request a lien against a patient’s primary residence.

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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. In a Chapter 7 you will be given a choice to either allow secured creditors to seize your collateral or continue to make payments until the debt is paid off.

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Secured vs Unsecured Debt: Everything You Need to Know

Sawin & Shea

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). That means that you must continue to pay on most secured debts to keep or hold onto the collateral. The debtor must maintain regular payments on the secured loan in order to keep the collateral.

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Update: Supreme Court Resolves Circuit Split Regarding Pre-Bankruptcy Seizure

PBWT

In 2019, we began following a Circuit split regarding a secured creditor’s obligation to return collateral that it lawfully repossessed pre-petition after receiving notice of a debtor’s bankruptcy filing. i] In re Denby-Peterson , 941 F.3d 3d 115, 126 (3d Cir. ii] In re Fulton , 926 F.3d 3d 916, 924 (7th Cir.

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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. Chapter 13 bankruptcy Individuals who get a regular wage but are unable to pay off the bills are eligible for Chapter 13 bankruptcy.