Sawin & Shea

OCTOBER 26, 2022

Unsecured loans are loans that don’t have collateral. If you fail to repay an unsecured personal loan, the lender cannot repossess your assets. Common unsecured loans include: Bank loans with no collateral. Repossession deficiency claims. You can also surrender the loan’s collateral in order to discharge the debt.

Personal loans 98

Personal loans Chapter 7 bankruptcy Bankruptcy Chapter 13 bankruptcy 98

Roths Child Law

MAY 11, 2021

In fact, you may fall behind even though you do your best to make payments to every creditor every month. . Unfortunately, it also means that the car, truck, van or SUV that you drive to your job every day is also collateral for the loan used to purchase it. . How does repossession work?

Repossession 52

Repossession Lender Collateral Bankruptcy 52

Debt Free Colorado

FEBRUARY 24, 2025

Secured debt, like financed electronics or furniture, may require repayment or repossession. It works by liquidating non-exempt assets to repay creditors. Understanding Liquidation Chapter 7 may involve selling off some of your assets to repay creditors, but not everything is at risk. What Is Bankruptcy Chapter 7?

Credit Card Debt 52

Credit Card Debt Chapter 7 bankruptcy Bankruptcy Chapter 13 bankruptcy 52

Sawin & Shea

SEPTEMBER 14, 2022

They can assist you through the bankruptcy process and can keep creditors from unlawfully harassing you. An automatic stay prevents creditors and lenders from collecting debt or collateral on protected assets. This test calculates whether an individual can repay lenders and creditors without declaring Chapter 7 bankruptcy.

Chapter 7 bankruptcy 122

Chapter 7 bankruptcy Chapter 13 bankruptcy Bankruptcy Student loans 122

Roths Child Law

APRIL 30, 2021

If you recently (within the last 180 days) either asked for a prior bankruptcy petition to be dismissed once your creditors sought the right to repossess some collateral or your petition was involuntarily dismissed because you failed to attend court or comply with the court's orders, you will have to wait to file again.

Chapter 7 bankruptcy 98

Chapter 7 bankruptcy Bankruptcy Repossession Collateral 98

Roths Child Law

MAY 11, 2021

In fact, you may fall behind even though you do your best to make payments to every creditor every month. . Unfortunately, it also means that the car, truck, van or SUV that you drive to your job every day is also collateral for the loan used to purchase it. . How does repossession work?

Repossession 40

Repossession Lender Collateral Bankruptcy 40

Sawin & Shea

DECEMBER 7, 2022

If you make a luxury purchase of over $600 within 90 days of filing for bankruptcy, creditors will request for the bankruptcy court to not discharge the debt. Secured debts refer to debts with collateral, such as a home or car. This also includes gifts, so it’s critical not to spend over $600 on any one gift.

Chapter 13 bankruptcy 98

Chapter 13 bankruptcy Bankruptcy Chapter 7 bankruptcy Creditors 98

Jimerson Firm

FEBRUARY 3, 2021

Foreclosures in Florida are judicial, meaning the secured creditor must file a lawsuit. 1) The Mobile Home Existed at the Time of the Mortgage and Is Identified as Collateral in the Mortgage Documents. 2) The Mobile Home Did Not Exist at the Time of the Mortgage and Is Not Listed as Collateral in the Mortgage Documents.

Foreclosure 96

Foreclosure Collateral Lender Repossession 96

FFGN COLLECT NY

NOVEMBER 21, 2022

Seeking replevin is common and used by debt collection lawyers to recover goods or collateral for their clients. Replevin is available to a party seeking the return of goods pursuant to a court order directing a party to return the goods or collateral to you. They would need to make an application to the court for an order of replevin.

Collateral 52

Collateral Repossession Debtor Creditors 52

Debt Free Colorado

DECEMBER 9, 2021

Consider your income, assets, creditors, expenditures, and your ability to pass the means test while selecting between Chapter 13 and Chapter 7. Creditors are prohibited from contacting you after your petition is filed. Complete protection from creditors – This includes wage garnishment and debt collection.

Chapter 13 bankruptcy 75

Chapter 13 bankruptcy Chapter 7 bankruptcy Bankruptcy Unsecured Debt 75

Sawin & Shea

JANUARY 18, 2023

Unsecured debts are not backed by collateral, such as car payments and home mortgages. You’ll also need to supply the bankruptcy court with a list of creditors, an income statement, and copies of your tax records. Additionally, your creditors will not be allowed to contact you. What is Chapter 7 Bankruptcy?

Chapter 7 bankruptcy 81

Chapter 7 bankruptcy Bankruptcy Chapter 13 bankruptcy Unsecured Debt 81

Debt Free Colorado

APRIL 9, 2020

Below you’ll find some strategies for working with your creditors and deciding which bills are the most important if you can’t pay them all. Reach out to your creditors. The decisions regarding which creditors get paid and which do not can have long term consequences and will require a strategy. Triage your finances.

Student loans 81

Student loans Student Loans Chapter 13 bankruptcy Chapter 7 bankruptcy 81

Sawin & Shea

NOVEMBER 24, 2021

Many people worry that bankruptcy will simply delay the inevitable, such as a lawsuit, wage garnishment, or a foreclosure, and that their creditors will still come after them. An automatic stay is a fundamental part of bankruptcy that protects debtors from creditor actions. What Does an Automatic Stay Do? Automatic Stay Violations.

Bankruptcy 52

Bankruptcy Garnishment Repossession Foreclosure 52

Sawin & Shea

NOVEMBER 24, 2021

Many people worry that bankruptcy will simply delay the inevitable, such as a lawsuit, wage garnishment, or a foreclosure, and that their creditors will still come after them. An automatic stay is a fundamental part of bankruptcy that protects debtors from creditor actions. What Does an Automatic Stay Do? Automatic Stay Violations.

Bankruptcy 52

Bankruptcy Garnishment Repossession Foreclosure 52

Sawin & Shea

MARCH 13, 2024

It basically serves as a legally binding promise that the person filing for bankruptcy will resume making payments in full and on time to the creditor. Entering a reaffirmation agreement is a way that debtors in a Chapter 7 bankruptcy keep collateral attached to secured debt like houses or cars.

Chapter 7 bankruptcy 52

Chapter 7 bankruptcy Chapter 13 bankruptcy Bankruptcy Collateral 52

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. Rather than settlements or minimum payments to each creditor, a single payroll deduction is made to fund your plan over 3-5 years.

Bankruptcy 52

Bankruptcy Chapter 7 bankruptcy Chapter 13 bankruptcy Unsecured Debt 52

Consumer Financial Services Law

JANUARY 31, 2020

2019) that creditors who refuse to relinquish an item that was seized pre-petition are not subject to sanctions because their refusal does not violate 11 U.S.C. § Joy Denby-Peterson purchased a 2008 Corvette in July 2016, and several months later the vehicle was repossessed when Denby Peterson failed to make all of the required loan payments.

Collateral 40

Collateral Repossession Bankruptcy Chapter 13 bankruptcy 40

Sawin & Shea

NOVEMBER 15, 2023

If a debtor has assets that are not protected under those statutes, the trustee can liquidate those items and use the proceeds to pay creditors back something. In broad terms, 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.

Unsecured Debt 52

Unsecured Debt Chapter 7 bankruptcy Collateral Bankruptcy 52

Sawin & Shea

DECEMBER 21, 2023

It stops: Debt collection efforts Foreclosures Wage garnishments Civil lawsuits Utility shutoffs Most other creditor actions to collect pre-bankruptcy debts The stay helps facilitate the goals of bankruptcy by preventing creditor collection efforts and allowing time for orderly debt restructuring or liquidation.

Bankruptcy 52

Bankruptcy Debtor Repossession Creditors 52

Sawin & Shea

JANUARY 25, 2022

Secured debts are a type of debt backed by an asset that is used as collateral. If you miss payments and default on this type of debt, the creditor can seize the asset to liquidate it and apply those proceeds to the money you owe. Unsecured debt, unlike secured debt, is not tied to any collateral or property.

Unsecured Debt 52

Unsecured Debt Collateral Secured debt Bankruptcy 52

Qualco

NOVEMBER 7, 2023

In the past, creditors used to restructure sparingly, typically reserving it for situations where amicable collections appeared implausible. These often involve initiating legal proceedings against debtors intending to repossess, auction, and sell collaterals or executing payment orders to seize the debtor’s assets or income.

Financial Institution 105

Financial Institution Debtor Loans Collateral 105

PBWT

JANUARY 19, 2021

In 2019, we began following a Circuit split regarding a secured creditor’s obligation to return collateral that it lawfully repossessed pre-petition after receiving notice of a debtor’s bankruptcy filing. ” [ii] In December, the Supreme Court granted certiorari and on Thursday adopted the minority view. .’

Bankruptcy 65

Bankruptcy Debtor Creditors Repossession 65

Roths Child Law

OCTOBER 1, 2021

Mortgages are treated as secured loans because they are attached to the home as collateral. However, if you stop making payments on your mortgage, the creditor is within their rights to repossess the home and put it up for sale to recover the deficiencies. Mortgage debt.

Bankruptcy 52

Bankruptcy Chapter 13 bankruptcy Student loans Student Loans 52

FFGN COLLECT NY

JULY 12, 2024

This would change the way medical debt is reported on individual credit reports and how information gets reported to creditors. However, federal agencies subsequently issued a special regulatory exception to allow creditors to use medical debts in their credit decisions.

Repossession 40

Repossession Creditors Lender Collateral 40

Sawin & Shea

JANUARY 24, 2024

The court sells off your nonexempt assets and uses the proceeds to pay your creditors. Your assets are protected while you make monthly payments to creditors through the court. Equity loans put your home at risk as collateral. Chapter 13 bankruptcy sets up a 3-5 year repayment plan to pay back a portion of what you owe.

Debt Consolidation 52

Debt Consolidation Bankruptcy Chapter 13 bankruptcy Collateral 52

Sawin & Shea

FEBRUARY 28, 2024

Unsecured loans don’t have collateral. If you fail to repay an unsecured personal loan, the lender cannot repossess your assets. Yes, if you need to get a personal loan after going through bankruptcy, secured loans that require collateral like a car title loan or home equity loan are easier to qualify for post-bankruptcy.

Personal loans 52

Personal loans Bankruptcy Chapter 13 bankruptcy Loans 52

Debt Free Colorado

OCTOBER 12, 2023

Detailed information about your property, collateralized debt, other debts, contracts, codebtors, income, expenses, and financial affairs must be provided accurately in the relevant sections of the bankruptcy form. Two of the most typical collateralized loans are mortgages and auto loans. You can start over because of that.

Bankruptcy 52

Bankruptcy Collateral Chapter 13 bankruptcy Chapter 7 bankruptcy 52

Sawin & Shea

APRIL 24, 2024

Which creditors can they pay? This typically occurs because the debtor doesn’t have the money to pay all of their creditors, so they feel they need to rank which ones are more important to pay first. When payments are made to some creditors over others, they can be considered preferential payments according to bankruptcy laws.

Bankruptcy 52

Bankruptcy Unsecured Creditor Debtor Creditors 52

BN Lawyers

MARCH 23, 2020

Work with Creditors. Most creditors (lenders, suppliers, employees) will be aware of the distress facing the entire service industry. Many creditors will be willing to work with businesses. Creditors face their own pressures. To the extent possible, payments to creditors should be delayed while negotiations are ongoing.

Bankruptcy 67

Bankruptcy Creditors Lender Lawyers 67

Sawin & Shea

MARCH 7, 2023

When you file for Chapter 7 bankruptcy, the Court will place an automatic stay upon filing, which stops creditors from collecting payments, garnishing wages, or repossessing property. You will be assigned a trustee during the process who will review your assets and finances. Most people keep everything they have in Chapter 7 cases.

Chapter 7 bankruptcy 52

Chapter 7 bankruptcy Lawyers Bankruptcy Unsecured Debt 52

Sawin & Shea

APRIL 10, 2024

Chapter 7 is also known as liquidation bankruptcy because it involves liquidating (selling off) non-exempt assets belonging to the debtor to repay creditors and lenders. The bankruptcy trustee will sell your non-exempt assets to pay a portion of your debts to creditors. They cannot take legal action against you or seize your assets.

Chapter 7 bankruptcy 52

Chapter 7 bankruptcy Bankruptcy Debtor Unsecured Creditor 52

Sawin & Shea

OCTOBER 11, 2023

Assets that do not fall within the statutory exemption values are liquidated and the proceeds used to pay your creditors something. 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.

Bankruptcy 52

Bankruptcy Student loans Student Loans Chapter 7 bankruptcy 52

Sawin & Shea

APRIL 17, 2024

The court will then order a bankruptcy stay — also called an automatic stay — that prohibits creditors and lenders from collecting what you owe. This plan states that you’re committed to paying back something to creditors in monthly installments, and you detail the minimum amount you’ll pay as well as the duration of the plan.

Chapter 13 bankruptcy 52

Chapter 13 bankruptcy Chapter 7 bankruptcy Bankruptcy Unsecured Debt 52

Roths Child Law

APRIL 30, 2021

If you recently (within the last 180 days) either asked for a prior bankruptcy petition to be dismissed once your creditors sought the right to repossess some collateral or your petition was involuntarily dismissed because you failed to attend court or comply with the court's orders, you will have to wait to file again.

Chapter 7 bankruptcy 40

Chapter 7 bankruptcy Bankruptcy Repossession Collateral 40

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. Creditors can pursue reimbursement from the co-signer via repossessions, foreclosures, wage garnishment , and other aggressive actions. Unlike Chapter 7, filing Chapter 13 offers protections for co-signers.

Chapter 13 bankruptcy 52

Chapter 13 bankruptcy Chapter 7 bankruptcy Bankruptcy Personal loans 52

Sawin & Shea

JUNE 21, 2023

The Chapter 13 repayment plan consolidates your existing debts into a three to five-year plan to pay back your creditors, and initiating the process offers immediate protections, including an automatic stay, and allows you to keep all of your possessions. Filing for Chapter 13 bankruptcy can help you improve your financial situation.

Chapter 13 bankruptcy 52

Chapter 13 bankruptcy Bankruptcy Chapter 7 bankruptcy Debtor 52

Collection Industry News

JANUARY 19, 2025

Federal financial regulators later created an exception to this restriction, allowing creditors to consider medical debts. The final rule: Prohibits lenders from considering medical information: The rule ends the special regulatory carveout that previously allowed creditors to use certain medical information in making lending decisions.

Lender 40

Lender Debt collector Repossession Collateral 40