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You may be able to keep some or even all of your secured debt. Simply reaffirm at the time you file, or it can be done as an addendum later. Your attorney will be familiar with the process. Keep in mind that the additional debt you keep may make it difficult or impossible to continue with the bankruptcy. Consider this as you decide what to reaffirm and what to surrender.
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Can you file on aarons rental furniture in chapter 7 bankruptcy in Washington state?
You cannot discharge secured debt. You either have to reaffirm the debt / keep paying. Companies like Aarons will come to repossess their property.
Can keep your rental property if file chapter 7 in Ohio?
If it has value above its debt, probably not.
Can a secured debt be taken from you after it was discarged in a chapter 7?
In most Chapter 7 cases you are not including secured property unless you are surrendering the property back to the creditor. If you are holding on to secured property during a chapter 7 process the property must be reaffirmed with the creditor at time of filing meaning you have an agreement with the creditor to leave the property out of the bankruptcy and continue to make your payments. When you discharge debt through chapter 7 it doesn't make sense that you could keep a secured piece of property and not pay for it. Maybe you were unclear about what you were really doing.
What is selective bankruptcy?
Secured debt in Bankruptcy You can't file "selective" bankruptcy, but youcan normally keep property that is security for debts by agreeing to keep paying the debt.If there is too much equity in the property to keep it from the trustee, you may want to consider Chapter 13. Visit my profile/site for more information about Bankruptcy.
What is Statement of intention in chapter 7?
A document filed to disclose which secured debts the debtor intends to reaffirm. The debtor typically reaffirms debts secured by collateral he wants to keep. When a debtor reaffirms a debt, it is excepted from the discharge. The debtor can be sued on the debt if he fails to pay it, even after the discharge is entered.
If you have a large balloon payment due in 2 months and 110k worth of credit card debt will you lose the house when you declare bankruptcy?
that depends. a couple things you'd need to consider are whether all of your debt is unsecured (credit card debt, generally) or whether you also have secured debt (mortgage, car) - this, and your goals in filing bankruptcy, will affect which chapter you file in. another large consideration is what type of exemption your state has for homes. it may be that you are unable to exempt your home because it is worth more than the allowed exemption. in a chapter 7, you'd sell it and keep the value of the exemption. in a chapter 13, you could pay off the difference in value during the length of the plan. chapter 7 is generally known as the discharge chapter, meaning if your debts are unsecured, they will be eliminated. chapter 13 is the repayment chapter, which allows to pay back only a portion of your unsecured debts and maintain payments on secured debts. short answer is, talk to an attorney.
What are secure claims in chapter 13?
Secured claims are those debts that have been secured by collateral. Because of this, the creditor can take the collateral and sell it, if the debt isnâ??t paid. Some examples are home mortgages and car loans. With Chapter 13, the loan would have to be paid for these claims if the owner wishes to keep the property.
Can you keep your cars in a chapter 7 bankruptcy?
Yes, you can keep you car in chapter 7 bankruptcy. In Chapter 7 bankruptcy there are some rules. You can only file Chapter 7 if your income is below your state's median or is not enough to pay off your current debt.
Can you file chapter 7?
Anyone who is seriously struggling with debt can file for chapter 7 bankruptcy and it is up to the court to determine whether or not you will be eligible. Chapter 7 bankruptcy is usually best for people who:* Have no steady stream of income* Have a lot of exempt property* Cannot keep up with a strict payment plan
Can you keep your cars when you file for chapter 7?
Yes, in most cases, a person can keep their cars when they file for Chapter 7 bankruptcy. It will ultimately depend on the bankrupt court.
What is worse chapter 7 or chapter 13?
If you are behind on your home mortgage, and you want to keep your home; or if you owe back tax to the IRS, then chapter 13 would probably serve you better. However, it is more complicated, and each month you must pay your disposable income toward a debt adjustment plan. If you just want to get a discharge from all debt, and you don't mind losing any property that serves as collateral for a debt, or if you are current on debt secured by property you want to keep, AND you have a lot of other unsecured debt that you need discharged, then chapter 7 would probably better serve your purpose. Whether one is worse than the other depends on your goals, and on whether you are the debtor (you owe the money) or are a creditor (you want to collect a debt).
What happens if you lose your job after filing Chapter 13 with a wife who works a mortgage and two car notes in Ga?
If you are unable to make the mortgage payments, you will lose the house to foreclosure- there is nothing you can do at that point. The only option would be to convert to a chapter 7 to discharge any other non-mortgage debt. If you want to keep the cars (or any secured debt for that matter) you will need to KEEP making those payments.
