Bankruptcy Keywords

 

Secured Debt: is debt which attached to a particular piece of personal or real property. Most typically: homes, cars, household furnishings which have been purchased on installment payments. This type of debt is completely wiped out in the bankruptcy if the debtor chooses to surrender the property back to the creditor. If the debtor chooses to keep the item of property, all that the debtor needs to do is to agree [ in a written reaffirmation agreement ] to continue to pay the installments payments as they come due, or buy the item for its current market value in lump sum cash [redemption]. Any debt over the cash market value of the item is considered unsecured and is discharged as any other unsecured debt in the bankruptcy.

 
Unsecured debt: is debt which is not attached to any property. It is debt which is backed only by the debtor's promise to pay. This is debt completely wiped out in a bankruptcy.

 
How do I keep my personal possessions?: In the bankruptcy code, there are exemptions. These exemptions are property which the debtor is allowed to keep. Here is a partial list of exempt property which the debtor can protect:


 
Automatic stay: This is a provision of the bankruptcy code which stops all legal actions against a debtor. The automatic stay stops foreclosure, law suits, evictions, garnishment of wages, repossessions, and more.

 
Chapter 7, straight bankruptcy: This is the chapter of bankruptcy which wipes out all unsecured debts, and all secured debts upon which the debtor chooses to return the property that secures the debt. This is the chapter of bankruptcy which most people file because it is the simplest, cheapest, fastest and does not require that the debtor qualify for it.

 
Chapter 13, reorganization [the wage earner plan]: This is the chapter of bankruptcy which creates a payment plan whereby the debtor can catch up on payments such as past due mortgage payments and back taxes. This chapter requires that the debtor qualify for the repayment plan. This is a much more complex bankruptcy than chapter 7 and the case remains open for a much longer time [until the repayment plan is completed].

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