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Can a Secured Creditor Refuse to Sell the Collateral?

Jimerson Firm

Any secured creditor, large or small, may encounter a situation in which it is preferable to retain or recover the collateral in a transaction without having to sell the collateral itself. However, many will be unaware of the precise procedure and requirements for retaining the collateral itself. 679.609(1).

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How Much Debt is Needed to File for Bankruptcy?

Sawin & Shea

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. Secured debts refer to debts with collateral, like house payments and car payments.

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Discharging Credit Card Debt Through Chapter 7 in Greenwood Colorado

Debt Free Colorado

Secured debt, like financed electronics or furniture, may require repayment or repossession. Complete Credit Counseling Before filing for Chapter 7, you must complete a government-approved credit counseling course. The creditor can repossess the item if the debt is not repaid. What Is Bankruptcy Chapter 7?

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Who Can Declare Chapter 7 Bankruptcy?

Sawin & Shea

Unsecured debts are not backed by collateral, such as car payments and home mortgages. Filing Chapter 7 bankruptcy provides you with an automatic stay that prohibits creditors from being able to take any action to collect a debt against you, such as repossessions, wage garnishment, and legal action. What is Chapter 7 Bankruptcy?

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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’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.

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

Debt Free Colorado

The United States Bankruptcy Code governs both chapter 7 and chapter 13 bankruptcy. Unsecured debt is debt without collateral. Collateral guarantees debt repayment. Occasionally, creditors may refuse to repossess little goods due to the expense of picking them up. However, there are significant distinctions.

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The Automatic Stay and Bankruptcy

Sawin & Shea

It goes into effect immediately when you file and protects you from those trying to collect from you, such as creditors, collection agencies, government entities, or any other person coming after you for money. The Court allows these actions so that a creditor can recover collateral for which they are not receiving payment.