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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?
Three Types of Chapter 10 Plans: “Residence” and “Property” Plans for Repayment of SecuredDebts and General Repayment Plans for UnsecuredDebts. Residence and property plans under the CBRA allow consumers to change loan interest rates, adjust amortization schedules, and cure defaults.
Meanwhile, while CVAs may only be used to restructure debt owed to unsecuredcreditors, a restructuring plan may be used to restructure debt owed to both unsecured and securedcreditors. We have also written previously about the difference between a CVA and CVL – a Creditors’ Voluntary Liquidation.
Some level of distressed debt can be forgiven, although that’s far from the only option. 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. SecuredCreditors.
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. However, how can you tell if your debt issue calls for such a drastic measure? What Debts are Discharged in Bankruptcy?
These parties could foreclose or repossess the property securing the loans. These creditors are not of equal importance. A lender who provided a securedloan for your kitchen equipment would have a difficult time profitably foreclosing on those assets. Lower-cost credit may become available.
Creditors will also benefit from the lower costs, quicker proceedings, and increased certainty about the outcome of the process, if at the expense of some leverage. First, the total amount of secured plus unsecureddebt may not exceed $7.5 million, counting only noncontingent, liquidated, and non-insider debt.
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