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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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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. First, let’s briefly touch on two of the most common types of bankruptcy: Chapter 7 and Chapter 13.

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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. Before turning to this option, you need to know who can declare Chapter 7 bankruptcy, disqualifying factors, and the overall filing process.

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How Much Debt Is Needed to File for Bankruptcy?

Sawin & Shea

Whether you’re facing foreclosure , repossession, wage garnishments, or relentless creditor harassment, our expertise in bankruptcy law can offer the protection and relief you’ve been seeking. One of our firm’s key strengths lies in our comprehensive understanding of both Chapter 7 and Chapter 13 bankruptcy options.

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Should I Max Out My Credit Cards Before Filing for Bankruptcy?

Sawin & Shea

To fully understand how this works, it helps to understand the basics of credit card debt when you are filing for bankruptcy, which we will dive into below. Understanding Credit Card Debt and Bankruptcy. Most people file for bankruptcy in the hopes of having their debts that they are struggling to pay discharged.

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Credit Card Debt and Bankruptcy

Sawin & Shea

This discharge stops any future collection of dischargeable debts. Credit cards, in almost every case, are dischargeable debts. In Chapter 7 bankruptcy, most or even all of your unsecured debt will get discharged, including your credit card debt. The plans typically last around 3 to 5 years.

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Credit Card Debt and Bankruptcy

Sawin & Shea

This discharge stops any future collection of dischargeable debts. Credit cards, in almost every case, are dischargeable debts. In Chapter 7 bankruptcy, most or even all of your unsecured debt will get discharged, including your credit card debt. The plans typically last around 3 to 5 years.