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Chapter 13 Bankruptcy Hardship Discharge: Am I Eligible?

Sawin & Shea

Chapter 13 bankruptcy involves entering into a reorganization plan to protect assets, catch up on arrears on houses or cars, and force unsecured creditors to take reduced amounts based on what the bankruptcy law requires that you pay them. A student loan is an example of a nondischargeable debt under federal law.

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What Assets Do You Lose in Chapter 7?

Sawin & Shea

If you are not, this test determines how much you are required to pay back to your unsecured creditors in a Chapter 13 reorganization. Mortgages and car loans are both considered secured debts because they both have backing collateral. This is a test that determines if you are eligible for a Chapter 7 bankruptcy.

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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.

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Will Bankruptcy Erase ALL of My Debt?

Sawin & Shea

That money will go to your Chapter 13 trustee, who will then distribute it amongst your creditors. It can also force unsecured creditors to take what the bankrutpcy law says you can afford to pay, many times cents on the dollar. Student Loans. Student loans can be particularly challenging.

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What Is Nonexempt Property In Bankruptcy, And Why Does It Matter?

Debt Free Colorado

Another aspect is the increased accessibility of credit loans, which makes it simpler for Americans to end up spending more than they can afford. I’m sure other factors contribute to our nation’s high rate of personal bankruptcy, but I think these two are at the forefront. Chapter 7 Exempts How Much Cash?

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Bankruptcy Chapter 7 vs 13: Which Is The Best Option?

Debt Free Colorado

Creditors are prohibited from contacting you after your petition is filed. While bankruptcy law forces you to sell some assets to repay unsecured creditors, the majority of Americans keep all of their property because of bankruptcy limits on the categories of assets that may be used to settle debts. Chapter 7 has a means test.