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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.
That money will go to your Chapter 13 trustee, who will then distribute it amongst your creditors. A Chapter 13 Plan can help get you back on track with secured debts that you are behind on, like house or car payments. After the repayment period, any remaining debt will likely get discharged. Student Loans.
Your medical bills are considered “unsecureddebts” which means there is no property that can be taken from you under contract as a result of not paying your medical bills — and most unsecureddebts, like medical bills, are eligible for bankruptcy. Your combined total secured and unsecureddebts are less than $2,750,000.
A restructuring plan can be used for numerous debt restructuring purposes, such as: Debt rescheduling A compromise in the amount of debt Refinancing Arrangements can be made with both secured and unsecuredcreditors under a restructuring plan. How does a restructuring plan work?
If you qualify for Chapter 7 bankruptcy, our attorneys can guide you through the process of eliminating unsecureddebts, such as credit card balances, medical expenses, and personal loans, within a matter of months. However, certain debts like child support, alimony, and other domestic support obligations cannot be eliminated.
Common types of dischargeable debt include: Credit card debt Medical debt Judgements Utility bills Back rent Personal loans Repossession balances While Chapter 13 helps you repay certain debts and discharge remaining balances, not all forms of debt are dischargeable.
In In re Marlena Joy Pizzo , the United States Bankruptcy Court for the District of South Carolina held that a debtor may voluntarily contribute to her retirement plan while paying creditors under a bankruptcy plan. [1] 14] Additionally, a substantial portion of Pizzo’s unsecureddebts will be paid through her Chapter 13 plan. [15].
Chapter 7 bankruptcy is a great financial solution for those struggling with debt, especially unsecureddebts. With Chapter 7 bankruptcy, you as the debtor can discharge most unsecured obligations after liquidating nonexempt assets. This is a test that determines if you are eligible for a Chapter 7 bankruptcy.
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. Secured Creditors.
These parties could foreclose or repossess the property securing the loans. 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. Unsecured lenders should generally be willing to defer payments.
Chapter 13 bankruptcy involves entering into a reorganization plan to protect assets, catch up on arrears on houses or cars, and force unsecuredcreditors to take reduced amounts based on what the bankruptcy law requires that you pay them. Over three to five years, you resolve your debts and get a fresh financial start.
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