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How does the automatic stay protect creditors and debtors?

Roths Child Law

Bankruptcy is a complex procedure that aims to give debtors a fresh start while ensuring creditors get as much repayment as possible. Benefits for debtors are more than just financial One of the most immediate and noticeable benefits of the automatic stay for debtors is peace of mind.

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How Can a Secured Creditor Repossess Collateral Without Breaching the Peace?

Jimerson Firm

When a borrower applies for a loan, most lenders require the borrower to pledge an asset as security for the repayment of the loan, i.e. collateral. The quickest and cheapest way for a secured creditor to take possession of the collateral is by self-help repossession. Debtor’s Consent to the Entry and Repossession.

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SBA Loans: How to Maximize Recovery by Liquidating Personal Property

Jimerson Firm

When a small business association (“SBA”) loan is converted to liquidation status, the lender must begin liquidating the collateral. Lenders must liquidate all personal property that has a Recoverable Value over $5,000. In Florida, the lender can choose from the following methods: UCC Sale. See SOP 50 57. 679.609(2)(b), Fla.

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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. With consumer debts, co-debtors receive the protection of an automatic stay. This test calculates whether an individual can repay lenders and creditors without declaring Chapter 7 bankruptcy.

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Understanding Indiana Foreclosure Laws

Sawin & Shea

When an Indiana homeowner is unable to make their mortgage payments, the lender eventually starts a foreclosure. If a mortgage lender determines that an Indiana homeowner is failing to make their mortgage payments, the lender will start contacting the borrower to demand payment. How the Foreclosure Process Works in Indiana.

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What Is a 1099-C Cancellation of Debt Form and How Does it Impact Your Taxes?

Credit Corp

The bank repossesses the car, but you still owe $20,000 on it. Not only are canceled debts a hit to your credit score, they can cause future lenders to question whether you’re someone who makes payments on debts as agreed. The credit card company agrees to this settlement , which means $4,000 of your debt has been canceled.

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Can You Reaffirm a Debt in Chapter 13?

Sawin & Shea

A reaffirmation agreement is a document that re-obligates a debtor to repay a particular debt, such as a car loan, mortgage, or other loan type. Entering a reaffirmation agreement is a way that debtors in a Chapter 7 bankruptcy keep collateral attached to secured debt like houses or cars.