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What is the Difference Between Secured and Unsecured Debt?

Sawin & Shea

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. However, which type of bankruptcy you file will also depend on what kind of debt you have. Secured and unsecured debt is handled differently in Chapter 7 vs. Chapter 13.

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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.

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What debts are discharged in a chapter 7 bankruptcy?

Roths Child Law

One thing people are often not sure of is just exactly what debts are covered under this chapter. . Chapter 7 bankruptcy discharges unsecured debts. Unsecured debts include things like: . personal loans (excluding a mortgage and auto loan) . payday loans . student loans .

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Who Can Declare Chapter 7 Bankruptcy?

Sawin & Shea

Chapter 7 is the most common form of bankruptcy for individuals and families, and it allows you to discharge many of your unsecured debts within only a few months. Chapter 7 bankruptcy is a form of personal bankruptcy that liquidates filers’ assets to discharge qualifying unsecured debts.

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Will Bankruptcy Erase ALL of My Debt?

Sawin & Shea

Discuss your tax debt with a bankruptcy attorney to make sure you get the most out of your discharge. Student Loans. Most student loans are not discharged without filing a separate lawsuit in the bankruptcy asking for a court order declaring them discharged. Student loans can be particularly challenging.

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Chapter 13 Bankruptcy Hardship Discharge: Am I Eligible?

Sawin & Shea

For example, if you have an automobile loan secured by a car, it is not eligible for a hardship discharge. An ineligible priority debt could be child support or alimony payments owed, which can’t be discharged despite the hardship in your life. A student loan is an example of a nondischargeable debt under federal law.

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Does Chapter 13 Wipe All of Your Credit?

Sawin & Shea

Common types of dischargeable debt include: Credit card debt Medical debt Judgements Utility bills Back rent Personal loans Repossession balances While Chapter 13 helps you repay certain debts and discharge remaining balances, not all forms of debt are dischargeable.