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What is the Difference Between Secured and Unsecured Debt?

Sawin & Shea

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 unsecured debt is handled differently in Chapter 7 vs. Chapter 13.

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Filing for bankruptcy after graduation

Roths Child Law

Student loans are one of the primary ways graduates build up debt. College students are often also targets of credit card companies, which can lead to all kinds of debts. Many students use their credit cards to buy books, supplies, coffee, alcohol, clothes, rent and food.

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Consumer Debt vs. Non Consumer Debt

Sawin & Shea

Examples of non consumer debts include: Alimony Child support Traffic tickets Parking tickets Criminal restitution Business loans Personal guarantees Business property mortgages Business-related legal fees Taxes. Are Student Loans Consumer or Non-Consumer Debts?

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What Debts Are Not Discharged in Bankruptcy?

Sawin & Shea

It is important to understand that in either form of bankruptcy (Chapter 7 or Chapter 13), there are types of debt that cannot be discharged even after filing for bankruptcy. In broad terms, bankruptcy law differentiates between consumer-related debt as well as secured vs. unsecured debt.

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How are Medical Bills Treated in Chapter 13 Bankruptcy?

Sawin & Shea

Filing for Chapter 7 or Chapter 13 Bankruptcy: Chapter 7 will wipe out (discharge) your medical debt along with other unsecured debt, but you must have low enough income to pass the means test in order to qualify for it. These are categorized as priority unsecured debts. #7.

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How Much Debt is Needed to File for Bankruptcy?

Sawin & Shea

Firstly, you need to understand the difference between unsecured and secured debts. Unsecured debts refer to debts that don’t have collateral. Some examples of unsecured debts include, but are not limited to, repossessions deficiencies, old lease balances, medical bills, cash advance loans, and credit card debts.

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Will Bankruptcy Erase ALL of My Debt?

Sawin & Shea

Discuss your tax debt with a bankruptcy attorney to make sure you get the most out of your discharge. Student Loans. Most student loans are not discharged without filing a separate lawsuit in the bankruptcy asking for a court order declaring them discharged. Debts That Can Be Eliminated.