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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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Filing for bankruptcy after graduation

Roths Child Law

Student loans are one of the primary ways graduates build up debt. College students are often also targets of credit card companies, which can lead to all kinds of debts. Many students use their credit cards to buy books, supplies, coffee, alcohol, clothes, rent and food.

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What Debts Are Not Discharged in Bankruptcy?

Sawin & Shea

It is important to understand that in either form of bankruptcy (Chapter 7 or Chapter 13), there are types of debt that cannot be discharged even after filing for bankruptcy. In broad terms, bankruptcy law differentiates between consumer-related debt as well as secured vs. unsecured debt.

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Consumer Debt vs. Non Consumer Debt

Sawin & Shea

Examples of non consumer debts include: Alimony Child support Traffic tickets Parking tickets Criminal restitution Business loans Personal guarantees Business property mortgages Business-related legal fees Taxes. Are Student Loans Consumer or Non-Consumer Debts?

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How are Medical Bills Treated in Chapter 13 Bankruptcy?

Sawin & Shea

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. These are categorized as priority unsecured debts. #7.

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What debts are discharged in a chapter 7 bankruptcy?

Roths Child Law

A chapter 7 bankruptcy is one of the most common routes individuals take in discharging their debt. 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: . payday 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. What is Chapter 7 Bankruptcy?