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To enforce secured debts, your creditors may repossess your car or other vehicles, they may foreclose on your mortgage, or levy against other property you have either pledged as collateral or that is subject to an involuntary lien. How your debt is handled in bankruptcy will depend on which type you file.
In 2019, we began following a Circuit split regarding a securedcreditor’s obligation to return collateral that it lawfully repossessed pre-petition after receiving notice of a debtor’s bankruptcy filing. i] In re Denby-Peterson , 941 F.3d 3d 115, 126 (3d Cir. ii] In re Fulton , 926 F.3d 3d 916, 924 (7th Cir.
They may use collection agencies , or they may sue you (asking the court to garnish wages, take an asset, or put a lien on your home). That means that you must continue to pay on most secured debts to keep or hold onto the collateral. The debtor must maintain regular payments on the secured loan in order to keep the collateral.
The main disadvantage of Chapter 7 bankruptcy is that anything subject to a security interest is not exempt (home, automobile) and can be seized to satisfy the debt connected to the specific item. Chapter 13 bankruptcy Individuals who get a regular wage but are unable to pay off the bills are eligible for Chapter 13 bankruptcy.
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