Sawin & Shea

MARCH 9, 2022

Firstly, you need to understand the difference between unsecured and secured debts. Unsecured debts refer to debts that don’t have collateral. Some examples of unsecured debts include, but are not limited to, repossessions deficiencies, old lease balances, medical bills, cash advance loans, and credit card debts.

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Roths Child Law

DECEMBER 5, 2022

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 . credit cards.

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Sawin & Shea

APRIL 17, 2024

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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Sawin & Shea

SEPTEMBER 14, 2022

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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Sawin & Shea

MAY 5, 2021

Filing for Chapter 7 or Chapter 13 Bankruptcy: Chapter 7 will wipe out (discharge) your medical debt along with other unsecured debt, but you must have low enough income to pass the means test in order to qualify for it. You can keep such secured loans as your vehicle or house as long as you keep making payments on them.

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Sawin & Shea

JANUARY 4, 2024

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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Qualco

APRIL 15, 2024

A CHANGING CREDIT LANDSCAPE Over the past five years, there has been a significant increase in the usage of unsecured credit products, such as personal loans and credit cards, particularly following COVID- 19 and the rising cost of living.

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Sawin & Shea

OCTOBER 11, 2023

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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Sawin & Shea

NOVEMBER 1, 2023

Your medical bills are considered “unsecured debts” which means there is no property that can be taken from you under contract as a result of not paying your medical bills — and most unsecured debts, like medical bills, are eligible for bankruptcy. Your combined total secured and unsecured debts are less than $2,750,000.

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Sawin & Shea

MAY 24, 2023

Chapter 7 bankruptcy (the most common form of bankruptcy ) essentially wipes away a large portion of your unsecured debts and protects certain assets you may possess. Briefly, unsecured debts are not backed by any collateral. Credit card and medical debt are examples of unsecured debt.

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Sawin & Shea

JULY 15, 2020

Each of your monthly or bi-monthly payments will be distributed in priority order, starting with your trustee’s and attorney’s fees, followed by your high-priority debts like child support and back taxes, then your secured debts like your mortgage and car loans, and, finally, your unsecured debts.

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Roths Child Law

DECEMBER 15, 2021

How does the court divide debts? The court will divide debts into two categories – unsecured and secured. Unsecured debts are ones that don’t have any property or capital associated with them. Credit cards are one of the more common unsecured debts. Car loans and mortgages are types of secured debts.

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Sawin & Shea

JANUARY 12, 2022

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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Sawin & Shea

OCTOBER 4, 2023

That is why mortgage lenders are often willing to work with you to provide a loan after bankruptcy. However, you’ll need to take specific steps to get the loan. Those steps will depend on your situation and the type of loan you seek. A conventional loan usually requires a credit rating of at least 620.

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Sawin & Shea

APRIL 12, 2023

However, there are other ways to pay back family and friends that the courts allow and won’t negatively impact the family member or friend who has loaned you money. In most cases, Chapter 7 rules protect assets that are classified as exempt at the time you file versus unsecured debt which is not protected. Who Is an Insider?

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Sawin & Shea

OCTOBER 13, 2021

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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Debt Free Colorado

JANUARY 20, 2024

Chapter 7 Bankruptcy In Chapter 7 bankruptcy , eligible unsecured debts, including medical bills, may be discharged. That means the debtor is no longer legally obligated to repay these debts. Medical bills are typically considered unsecured debts. The debtor typically pays only a part of these debts.

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Troutman Sanders

APRIL 27, 2023

Noting a rise in credit card delinquencies, the Consumer Financial Protection Bureau (CFPB or Bureau) released a new blog post analyzing civil judgments, the final recourse for creditors to collect on unsecured debt. In contrast, people who have a civil judgment filed against them are much less likely to have a mortgage or auto loan.

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Sawin & Shea

AUGUST 9, 2023

You aren’t allowed to pick and choose which debt you want the bankruptcy to apply to. Briefly, unsecured debts are not backed by any collateral and include things like credit card balances and unpaid medical bills. Creditors cannot reclaim any of your property if you default on a loan. What is my total credit card debt?

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Sawin & Shea

OCTOBER 27, 2021

Out of the reported debt statistics, 35% of all debts in collections were medical, which surpassed other forms of debt. 25% of debts in collections were credit card related, and 20% were student loan debts. What Should I Do If I Have Medical Debts? Bankruptcy Code.

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Sawin & Shea

AUGUST 30, 2023

Chapter 13 Bankruptcy is a Federal Bankruptcy Court-sanctioned debt reorganization plan. You are not allowed to have more than $465,275 of unsecured debt (such as credit card or medical debt) or more than $1,395,875 of secured debt (such as a house, property, or vehicle). Most federal student loans.

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Roths Child Law

JANUARY 31, 2023

If you are seeking to discharge unsecured debts like medical debts, credit card debts and unsecured loans, then you need to file for Chapter 7 bankruptcy. However, if you are dealing with secured debts like a mortgage or a car loan, then you need to file Chapter for 13 bankruptcy.

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Sawin & Shea

AUGUST 23, 2023

With Chapter 7 bankruptcy, you’ll be able to eliminate most unsecured debts, which includes: Credit card debt Medical debt Personal loans Payday loans Utility bills It’s important to keep in mind, though, that Chapter 7 will not eliminate all kinds of debt. Where Do I Go From Here?

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Sawin & Shea

OCTOBER 13, 2021

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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Sawin & Shea

JUNE 14, 2023

Declaring Bankruptcy Before a Divorce If you’re on good terms with your spouse and are struggling with unsecured debts, you may want to consider filing Chapter 7 bankruptcy before your divorce. This can also simplify the divorce process because you won’t have to divide your unsecured debts when going through dissolution proceedings.

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Roths Child Law

APRIL 6, 2023

Certainly, filing for bankruptcy isn’t the best debt management or debt solution for all consumers. If you are simply struggling to pay your mortgage but are not yet behind on your payment schedule by much, negotiating a loan modification may be a better option.

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Sawin & Shea

MARCH 7, 2023

Will All of My Debt Get Discharged? When you file a Chapter 7 bankruptcy, it is only your unsecured debts that will be eligible for discharge. This includes debts such as credit card balances, medical bills, personal loans, utility bills, back rent, mortgages, and car payments.

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Credit Corp

APRIL 9, 2021

If so, the debt snowball method could be a simple way to pay down debt. Additionally, having zero unsecured debt is key if you’re wondering how to become financially independent. To be sure, you would only make the minimum payments on the rest of the loans. Getting Started with the Program.

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Sawin & Shea

AUGUST 2, 2023

Chapter 7 Chapter 7 bankruptcy (the most common form of bankruptcy ) essentially wipes away a large portion of your unsecured debts and includes rules to protect assets that are classified as exempt at the time you file. Unsecured debt includes things like credit card debt, medical debt, and personal loans.

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Sawin & Shea

DECEMBER 28, 2023

The money repaid goes primarily toward important priority debts like mortgages, car loans, taxes, and support obligations first. The remainder pays off a fraction of lower-priority debts such as credit cards, medical bills, and utilities. Ultimately, balances on most types of unsecured debts are discharged at the end of a plan.

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Titan Consulting

AUGUST 23, 2020

Chapter 7 liquidates assets and discharges qualified debts. The process takes less than a year and can eliminate the balance on most unsecured debts. Filers can typically retain the home and vehicle as long as you make payments on the loan. Federally managed student loans received an automatic six-month payment waiver.

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Sawin & Shea

MARCH 13, 2024

A reaffirmation agreement is a document that re-obligates a debtor to repay a particular debt, such as a car loan, mortgage, or other loan type. Entering a reaffirmation agreement is a way that debtors in a Chapter 7 bankruptcy keep collateral attached to secured debt like houses or cars.

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Sawin & Shea

JUNE 7, 2023

Co-signers are beneficial for those seeking to obtain loans and credit cards. If you have a co-signer associated with your debt or if you are a co-signer, you need to be aware of how financial liability works and what happens when the primary debtor declares bankruptcy. Plus, being a co-signer can help a debtor build credit.

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Roths Child Law

MARCH 22, 2022

Unsecured debts such as credit card bills, medical bills, and large utility bills can be dismissed. . These include tax bills, student loans, and child support. Under the blanket of Chapter 7 bankruptcy, you can expect to have some big bills charged off. Determine if a means test is needed.

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Debt Guru

JANUARY 27, 2021

A debt management plan (DMP) is an agreement between a debtor (that’s you, the person in debt) and a creditor (think: your bank or your credit card company) that tackles your outstanding debt. What types of debts can I lump together in a DMP? Secured debts, like your mortgage or car payments, aren’t covered.

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Sawin & Shea

NOVEMBER 17, 2021

In Chapter 7 bankruptcy, your utility bills are considered unsecured debts and will be treated like other debts in this category, such as credit cards, medical bills, and personal loans. Most types of unsecured debt get discharged when you file for Chapter 7.

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Sawin & Shea

NOVEMBER 17, 2021

In Chapter 7 bankruptcy, your utility bills are considered unsecured debts and will be treated like other debts in this category, such as credit cards, medical bills, and personal loans. Most types of unsecured debt get discharged when you file for Chapter 7.

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