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Secured vs Unsecured Debt: Everything You Need to Know

Sawin & Shea

Declaring bankruptcy will discharge most types of debt but not others. Before you declare bankruptcy, it’s crucial to understand how the law treats the concept of secured vs unsecured debt. It matters because not all debts are equal in the eyes of the law. Secured vs Unsecured Debt: What’s the Difference?

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What is the Difference Between Secured and Unsecured Debt?

Sawin & Shea

If you are struggling with debt and are behind on payments, it’s important to understand what kind of debt you have and how it will be handled should you miss too many payments. 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.

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Why Chapter 7 isn’t the best option for foreclosure concerns

Roths Child Law

Chapter 7 Chapter 7 bankruptcy can eliminate most unsecured debts that aren’t secured by collateral, in the way that auto and home loans are. This makes it less suitable for homeowners who wish to retain their homes but are struggling with their mortgage payments.

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How Much Debt is Needed to File for Bankruptcy?

Sawin & Shea

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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How Long Will Chapter 13 Delay Foreclosure?

Sawin & Shea

This is especially the case if you’re behind on your mortgage payments. Chapter 7 bankruptcy liquidates your assets in order to discharge unsecured debts, such as medical bills and credit card debt. If you’re eligible to file under Chapter 7 and only have unsecured debts, this may be your best course of action.

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What Should You Know About Medical Debts & Bankruptcy?

Sawin & Shea

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. Simply put, yes, you can file bankruptcy on your medical bills.

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How are Medical Bills Treated in Chapter 13 Bankruptcy?

Sawin & Shea

Negotiating: A hospital or doctor’s office may be willing to allow you to make payments without interest. Working with the billing department: Ask for a lowered bill — hospitals will sometimes lower bill amounts when you ask for an itemized bill and show a willingness to pay what you can afford on a payment plan.