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Questions to Ask a Chapter 7 Bankruptcy Lawyer Before Filing for Bankruptcy

Sawin & Shea

If you’re struggling with debt and considering bankruptcy, speaking with a bankruptcy lawyer can help you determine your best options and give you some clarity on how the process works. At Sawin & Shea, LLC, our Chapter 7 Bankruptcy lawyers have helped clients just like you in the Indianapolis and surrounding areas.

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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. Your bankruptcy lawyer can negotiate lower balances or interest rates as well.

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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. In addition to unsecured personal loans, there are other types of unsecured debts, such as: Medical bills. Repossession deficiency claims.

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What Happens After a Personal Loan Bankruptcy Discharge?

Sawin & Shea

If you fail to repay an unsecured personal loan, the lender cannot repossess your assets. Discharging Personal Loans Through Chapter 7 Whether you should discharge a personal loan in Chapter 7 will depend on whether the loan is secured or unsecured. Nonpayment of title loans can lead to vehicle repossession.

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Can You Reaffirm a Debt in Chapter 13?

Sawin & Shea

The agreement makes you responsible for the debt again like the bankruptcy never happened for that debt. All of the original terms of the loan are back in force, including the creditor’s right to repossess the collateral if you get behind on payments in the future.

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Consumer Debt vs. Non Consumer Debt

Sawin & Shea

For example, if you co-own a house with someone filing Chapter 13 bankruptcy and the house is your primary residence, the automatic stay will protect you from a home foreclosure because it’s considered consumer debt. How Does Consumer and Non-Consumer Debt Impact Your Chapter 7 Bankruptcy Filing? The post Consumer Debt vs.

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What Debts Are Not Discharged in Bankruptcy?

Sawin & Shea

In broad terms, bankruptcy law differentiates between consumer-related debt as well as secured vs. unsecured debt. If a debt is secured, it means it is backed up by collateral property. If a debt is unsecured, no collateral is put up as a guarantee to pay.