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While bankruptcy itself can also be scary, it is often the best option if you have too much debt to get a handle on your financial situation. However, which type of bankruptcy you file will also depend on what kind of debt you have. Secured and unsecureddebt is handled differently in Chapter 7 vs. Chapter 13.
Declaring bankruptcy will discharge most types of debt but not others. Before you declare bankruptcy, it’s crucial to understand how the law treats the concept of secured vs unsecureddebt. It matters because not all debts are equal in the eyes of the law. Secured vs UnsecuredDebt: What’s the Difference?
When they can't find a job that offers comparable pay, they may find themselves unable to pay their bills at all in facing foreclosure, repossession or lawsuits from creditors. Even successful professionals typically only have enough money in savings to cover their cost-of-living expenses for a month or two.
If you fail to repay an unsecured personal loan, the lender cannot repossess your assets. Common unsecured loans include: Bank loans with no collateral. In addition to unsecured personal loans, there are other types of unsecureddebts, such as: Medical bills. Repossession deficiency claims.
Chapter 7 is the most common form of bankruptcy for individuals and families, and it allows you to discharge many of your unsecureddebts within only a few months. Chapter 7 bankruptcy is a form of personal bankruptcy that liquidates filers’ assets to discharge qualifying unsecureddebts. What is Chapter 7 Bankruptcy?
Know How to Stop Creditor Harassment & Wage GarnishmentDebt can be a heavy burden. Quick Summary: Chapter 7 bankruptcy allows individuals to discharge most unsecureddebts. Creditor harassment is any aggressive or threatening communication from a debt collector. What is Wage Garnishment?
Chapter 7 is a disaster when it comes to secured debt. . Chapter 7 will not assist you if your primary source of debt is a mortgage, auto loan, or other kinds of debt. Additionally, not all unsecureddebt is dischargeable under Chapter 7. The means test decides who can seek debt relief.
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. Dischargeable debts are those that can be eliminated through bankruptcy.
If you are seeking to discharge unsecureddebts like medical debts, credit card debts and unsecured loans, then you need to file for Chapter 7 bankruptcy. However, if you are dealing with secured debts like a mortgage or a car loan, then you need to file Chapter for 13 bankruptcy.
Declaring Bankruptcy Before a Divorce If you’re on good terms with your spouse and are struggling with unsecureddebts, you may want to consider filing Chapter 7 bankruptcy before your divorce. This can also simplify the divorce process because you won’t have to divide your unsecureddebts when going through dissolution proceedings.
Upon filing a Chapter 7, you receive automatic court-oredered protection from creditors and aren’t subject to lawsuits, repossessions, or wage garnishments. There is a special unlimited exemption available for married couples holding real estate as tenants by the entirety as long as there is no joint unsecureddebt.
Once you’ve filed your bankruptcy petition, creditors will no longer be able to take any action to collect debts against you. They’ll be unable to garnish your wages, foreclose on your home, and repossess your belongings. You’ll even have protection from collection calls and other forms of aggressive communication.
Chapter 7 bankruptcy, also known as liquidation or straight bankruptcy, can help those having financial difficulties clear away various types of debts. 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.
Cosigner Responsibilities: Bankruptcy and Debt Collection If a primary borrower declares bankruptcy, the co-signer associated with the debt may be responsible to pay back creditors, but this will depend on the type of bankruptcy that the primary debtor filed.
This shorter period is likely because most individuals who file Chapter 13 will still have to pay some debts back through a payment plan rather than having it entirely discharged. However, it can give you an opportunity to reorganize under the court’s protection and make plans on how to ultimately deal with the debts.
This shorter period is likely because most individuals who file Chapter 13 will still have to pay some debts back through a payment plan rather than having it entirely discharged. However, it can give you an opportunity to reorganize under the court’s protection and make plans on how to ultimately deal with the debts.
What Debts are Discharged in Bankruptcy? Unsecureddebts , including credit card and medical bills, as well as some judgments or past taxes, may be discharged. What Can’t Bankruptcy Do?
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