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Is a car repossession looming in your future? Car repossession is one of the many reasons people contact the Indiana bankruptcy attorneys here at Sawin & Shea. Here’s some good news: You don’t have to just give up and allow your car to be repossessed. Are you behind on car payments? Now’s the time to act.
Many creditors such as mortgage servicers, auto lenders, and credit card companies are offering assistance to individuals financially affected by the pandemic. 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.
Creditors are prohibited from contacting you after your petition is filed. While bankruptcy law forces you to sell some assets to repay unsecuredcreditors, the majority of Americans keep all of their property because of bankruptcy limits on the categories of assets that may be used to settle debts. Chapter 7 has a means test.
Secured vs. UnsecuredCreditor A secured creditor has a lien of some kind on a debtor’s property. Bank-owned assets that have a recurring monthly payment, like mortgage payments or an auto loan fall under this category. Unsecuredcreditors lend money without any collateral. Family members.
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. Student loans are also difficult but not impossible to discharge in bankruptcy.
If you are not, this test determines how much you are required to pay back to your unsecuredcreditors in a Chapter 13 reorganization. Mortgages and car loans are both considered secured debts because they both have backing collateral. This is a test that determines if you are eligible for a Chapter 7 bankruptcy.
These parties could foreclose or repossess the property securing the loans. They could lock you out of your location or repossess equipment. These creditors are not of equal importance. A lender who provided a secured loan for your kitchen equipment would have a difficult time profitably foreclosing on those assets.
Common types of dischargeable debt include: Credit card debt Medical debt Judgements Utility bills Back rent Personal loansRepossession balances While Chapter 13 helps you repay certain debts and discharge remaining balances, not all forms of debt are dischargeable.
Refinancing typically lowers monthly payments and interest rates in exchange for lengthening the timeframe of the loan. Some creditors will accept equity and/or other concessions in exchange for debt forgiveness. Regardless of how it’s restructured, creditors often choose this route to protect their investments. Noteholders.
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