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Consumer Debt vs. Non Consumer Debt

Sawin & Shea

An automatic stay prevents creditors and lenders from collecting debt or collateral on protected assets. For example, if you co-own a house with someone filing Chapter 13 bankruptcy and the house is your primary residence, the automatic stay will protect you from a home foreclosure because it’s considered consumer debt.

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What Happens to Investment Real Estate in Bankruptcy?

Sawin & Shea

When filing under Chapter 13, you’re required to pay unsecured creditors — meaning they can’t recover physical property as collateral — the liquidated value of your nonexempt property. For experienced bankruptcy attorneys in Indianapolis, contact the lawyers at Sawin & Shea. Chapter 13 Cramdowns.

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Bankruptcy Chapter 7 vs 13: Which Is The Best Option?

Debt Free Colorado

Short foreclosure protection – When your home is faced with foreclosure, the automatic stay is not in effect indefinitely. The lender protects the borrower against foreclosure. Unsecured debt is debt without collateral. Collateral guarantees debt repayment. The means test decides who can seek debt relief.

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Dealing With Debt From COVID-19

Debt Free Colorado

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 can work directly with the mortgage lender on a loan modification, or reach out to the Colorado Foreclosure Hotline for free assistance. Coronavirus Car Payment Relief Programs.

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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. Secured obligations have collateral attached, such as a mortgage secured by your home or an auto loan secured by your vehicle.

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Can You Reaffirm a Debt in Chapter 13?

Sawin & Shea

Entering a reaffirmation agreement is a way that debtors in a Chapter 7 bankruptcy keep collateral attached to secured debt like houses or cars. All of the original terms of the loan are back in force, including the creditor’s right to repossess the collateral if you get behind on payments in the future.

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What Debts Can Bankruptcy Eliminate: Examples of Unsecured Debt

Debt Free Colorado

Unsecured debt is a type of debt that is not backed by collateral. These debts have no collateral, so creditors cannot take your property without going to court first. This legal shield blocks creditors from calling you, stops foreclosure sales, prevents wage garnishments , and halts all collection lawsuits.