Sawin & Shea

AUGUST 9, 2022

With a Chapter 13 bankruptcy, the debtor agrees to a payment plan to pay off their debt, which means they don’t have to surrender their property as collateral. However, not everyone can afford the payment plan, and thus many choose a Chapter 7 bankruptcy, which can more easily wipe out their debt.

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Sawin & Shea

MARCH 15, 2022

Your investment real estate’s outcome depends entirely on whether you file for Chapter 7 or Chapter 13 bankruptcy. Investment Real Estate in Chapter 7 Bankruptcy. Chapter 7 bankruptcy is a great option for those looking to discharge eligible debts.

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Sawin & Shea

MARCH 13, 2024

Entering a reaffirmation agreement is a way that debtors in a Chapter 7 bankruptcy keep collateral attached to secured debt like houses or cars. The agreement makes you responsible for the debt again like the bankruptcy never happened for that debt. Who Is Eligible for Chapter 7 Bankruptcy?

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Sawin & Shea

MAY 2, 2024

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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Sawin & Shea

AUGUST 24, 2022

When you’re going through the process of filing Chapter 13, foreclosure cannot occur because you’re granted an automatic stay, meaning that lenders cannot pursue your debts and recover collateral, including your home. What Is Chapter 13 Bankruptcy? If you fail to make your payments, the lender can recover the collateral.

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Sawin & Shea

JULY 5, 2023

Declaring Chapter 7 bankruptcy may be the best solution in cases like this. There are effects that should be considered, preferably alongside a bankruptcy attorney. What is Chapter 7 Bankruptcy? Filing for bankruptcy is more common than you might think.

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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. What is the Indiana Bankruptcy Means Test? So let’s get into the details.

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Sawin & Shea

JUNE 14, 2023

Because so many struggle financially after divorce, it’s common for individuals to declare bankruptcy before or after their marital dissolution. Here’s what you need to know about bankruptcy and divorce. Dividing assets and property during a divorce can be difficult and may require the assistance of a mediator or attorney.

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Debt Free Colorado

DECEMBER 9, 2021

You should get legal assistance from a knowledgeable bankruptcy attorney in Denver. The United States Bankruptcy Code governs both chapter 7 and chapter 13 bankruptcy. Chapter 7 (Liquidation). Advantages of Chapter 7 Bankruptcy. Disadvantages of Chapter 7 Bankruptcy.

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Sawin & Shea

DECEMBER 7, 2022

When filing for Chapter 13 bankruptcy, your home’s mortgage payments will be restructured into your repayment plan, and creditors will not be able to repossess your home or take legal action against you thanks to the bankruptcy automatic stay. Secured debts refer to debts with collateral, such as a home or car.

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Sawin & Shea

JUNE 16, 2021

Many people assume that because they have filed bankruptcy, their credit is ruined, and they will not be able to qualify for any loans. Chapter 7 bankruptcy: In this type of bankruptcy, your non-exempt assets (if any) have been liquidated to pay off a percentage of your debts. This is not true.

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Sawin & Shea

NOVEMBER 15, 2023

What’s the Difference Between Chapter 7 and Chapter 13? Put simply, Chapter 7 is a liquidation while Chapter 13 is about reorganization. In the case of a Chapter 7 bankruptcy , the court appoints a trustee who is in charge of selling off (liquidating) a debtor’s non-exempt assets.

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Roths Child Law

MAY 13, 2024

Although there are exceptions to this general rule, Chapter 7 might not be the best option for those concerned with foreclosure, although Chapter 13 could potentially provide a more viable solution. However, it does not automatically provide a means to prevent foreclosure in the long term.

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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. To sum up the process of Chapter 7 bankruptcy : The bankruptcy trustee may liquidate non-exempt assets to repay creditors.

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Sawin & Shea

APRIL 17, 2024

In this blog, we’ll discuss how Chapter 13 usually affects credit scores, and we’ll give you actionable tips to begin rebuilding your credit. If you have additional questions regarding Chapter 13 or Chapter 7 bankruptcy, contact the attorneys at Sawin & Shea, LLC.

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Sawin & Shea

AUGUST 23, 2023

Bankruptcy Explained Bankruptcy is a powerful legal process that can help individuals or businesses that are overwhelmed by debt get a fresh start and a path to rebuild. Chapter 7 is also known as the “liquidation bankruptcy” because it allows individuals to liquidate all non-exempt assets to help pay off their debt.

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Sawin & Shea

JULY 6, 2022

If you have a secured guarantee on a loan, a lender can seize your backing collateral, and this is even the case if you discharge your personal guarantee in bankruptcy. Contact an Indianapolis Bankruptcy Attorney. If you’re considering filing for bankruptcy, you need a skilled lawyer at your side to help you through the process.

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Sawin & Shea

FEBRUARY 8, 2023

Here are some expert tips for rebuilding your credit and finding the best credit cards after bankruptcy. Rebuilding Your Credit After Bankruptcy Your bankruptcy will remain on your credit score for up to a decade. Bankruptcies can impact your credit, but you can take steps today to rebuild your creditworthiness.

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Sawin & Shea

JUNE 7, 2023

The guarantor may be required to provide collateral or security to the lender to reduce the risk of the loan. Cosigners and Chapter 7 Bankruptcy Chapter 7 is a form of bankruptcy that allows individuals to discharge most unsecured debts, such as credit card debt or medical bills, without having to repay them.

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Credit Corp

NOVEMBER 12, 2020

Myth: Bankruptcy ruins your credit forever—or at least an entire decade. The truth: Bankruptcies are considered public records, which is how they’re reported on your credit. The public record associated with a Chapter 7 bankruptcy will remain on your credit report for as long as 10 years.

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Sawin & Shea

OCTOBER 11, 2023

What’s the Difference Between Chapter 7 and Chapter 13? Put simply, Chapter 7 is all about liquidation while Chapter 13 is about reorganization. In the case of a Chapter 7 bankruptcy, the court appoints a trustee who is in charge of selling off (liquidating) a declarer’s non-exempt assets.

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Debt Free Colorado

OCTOBER 12, 2023

Key information needed includes the applicant’s Social Security Number, business name (if applicable), chosen bankruptcy chapter, filing fee payment method, past bankruptcy filings, home rental status, ownership of hazardous property, and completion of a credit counseling course. You can start over because of that.

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Debt Free Colorado

JANUARY 27, 2022

After listing all of your assets, your bankruptcy attorney will review the exemptions to see whether any of your assets are exempt. In Chapter 7 bankruptcy proceedings, the phrase “non-exempt property” refers to a debtor’s estate property that does not qualify for a statutory exemption.

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Sawin & Shea

MARCH 9, 2022

Unsecured debts refer to debts that don’t have collateral. Secured debts refer to debts with collateral, like house payments and car payments. If you default on your payments, you could lose your car or house because they serve as collateral. Firstly, you need to understand the difference between unsecured and secured debts.

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Debt Free Colorado

DECEMBER 30, 2023

Is My Individual Retirement Account (IRA) Fund Safe in Bankruptcy? In both Chapter 7 and Chapter 13 bankruptcies, IRA plans are generally afforded some level of protection , but the specifics can vary.

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Sawin & Shea

JUNE 21, 2023

Unfortunately, not everyone filing Chapter 13 will complete the repayment process. If the bankruptcy court has your Chapter 13 bankruptcy dismissed, you’ll need to refile or find another method for overcoming your debts, such as Chapter 7 bankruptcy.

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Sawin & Shea

JANUARY 25, 2022

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. Secured debts are a type of debt backed by an asset that is used as collateral. What is Secured Debt? What is Unsecured Debt?

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Debt Free Colorado

APRIL 9, 2020

They will feel obligated to protect their interest in the collateral (your car) and can move quickly to repossess after only a few missed payments. You’ll have more flexibility with a nationwide loan servicers like Toyota, Ally, or Santander than you will with a buy-here-pay-here lender, but their sympathy is limited. Your Mortgage.

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Debt Free Colorado

MARCH 3, 2023

There are officially six separate categories of bankruptcy , each designated after a specific section of federal bankruptcy law. However, Chapter 7 and Chapter 13 bankruptcy are the two types of bankruptcy that are most frequently filed. Chapter 7 is known as liquidation in bankruptcy legislation.

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Jimerson Firm

FEBRUARY 11, 2022

Under the SBA’s 7(a) loan program, secured lenders are generally responsible for pursuing collection against guarantors, liquidating collateral, and obtaining recovery through bankruptcy before requesting guaranty recovery. However, the SBA has recognized alternative procedures for unsecured PPP loans.

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Fraser

JUNE 25, 2020

Because debtors require sufficient cash to operate their businesses and pay for the administrative expenses of the chapter 11 process, many seek interim court approval for financing (called “debor-in-possession” or “DIP” financing) and/or the use cash collateral that is subject to a secured creditor’s lien. Proof-of-Claim Bar Date.

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Debt RR

DECEMBER 13, 2019

If collateral is seized, it often occurs in court, leaving a record for other partners and vendors to dig up. Retailers Gymboree, Charlotte Russe, Payless, Roberto Cavalli, and Diesel filed Chapter 7 bankruptcies in 2019. Each of these bankruptcies represents potentially tens of millions of financial losses for somebody.

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Debt Free Colorado

MARCH 10, 2021

Another bankruptcy court previously sanctioned UpRight for implementing the towing program—which it used in more than 200 cases across the country—describing it as a “scam from the start,” and the towing company’s owners were indicted for their role in the scheme.

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Better Credit Blog

JANUARY 11, 2022

There are several different types of bankruptcies, but the majority of individuals can only file for Chapter 7, which is also known as liquidation bankruptcy, and Chapter 13 bankruptcy, which is also known as the wage earner’s plan. However, you may have to surrender your assets like cash, property, etc.

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Debt RR

JANUARY 24, 2020

Secured debt: If a business receives a loan or other credit — like a credit card — because of specific assets or liquid collateral, they have secured debt. As with equipment leases, secured debt may be reduced by surrendering the security deposit or collateral. Executive directors are also liable for tax obligations in a corporation.

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