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Chapter 13 Bankruptcy Hardship Discharge: Am I Eligible?

Sawin & Shea

Chapter 13 bankruptcy involves entering into a reorganization plan to protect assets, catch up on arrears on houses or cars, and force unsecured creditors 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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Bankruptcy Chapter 7 vs 13: Which Is The Best Option?

Debt Free Colorado

Creditors are prohibited from contacting you after your petition is filed. While bankruptcy law forces you to sell some assets to repay unsecured creditors, 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.

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What Assets Do You Lose in Chapter 7?

Sawin & Shea

If you are not, this test determines how much you are required to pay back to your unsecured creditors 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.

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How Much Debt Is Needed to File for Bankruptcy?

Sawin & Shea

When You Have Too Much Debt to Handle Sometimes debt can pile up to the point where making even minimum payments feels impossible with your current income. Credit card balances, personal loans, and other unsecured debts can quickly spiral out of control, especially when combined with secured debts like a car loan or mortgage.

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Will Bankruptcy Erase ALL of My Debt?

Sawin & Shea

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.

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How Businesses Use Corporate Debt Restructuring for Liquidity

Debt RR

Past-Due Secured Debt. Just like individuals, businesses often have mortgages, vehicle loans, and other secured loans. Debt can also be secured using intellectual property, equity, and other soft debt. Missing payments on secured debt causes the creditor to repossess the property as recourse.