Is renegotiating
secured debt a bankruptcy alternative?
Not exact matches
Unfortunately, filing for
bankruptcy leaves credit severely damaged for no less than seven years after the
debts are discharged, making it difficult to
secure new
debt for a home, a vehicle, or a credit card in the future.
If your credit card
debt is
secured by a home, you can no longer discharge it via
bankruptcy or Chapter 7 filing
* Cites «changes in market» for its ground beef products * Lists assets of $ 219 million,
debt of $ 197 million * Has
secured $ 56 million in DIP financing April 2 (Reuters)- Ground beef processor AFA Foods filed for
bankruptcy protection on Monday and said it plans to sell some or all of its assets, citing the impact of media coverage related to a meat filler critics have dubbed «pink slime.»
On April 30, 2009, the automaker filed for Chapter 11
bankruptcy protection to be able to operate as a going concern, while renegotiating its
debt structure and other obligations, [41] which resulted in the corporation defaulting on over $ 4 billion in
secured debts.
You can show how you've made on - time payments on
secured debt and even show how you've successfully saved money since your
bankruptcy.
When you speak with a
bankruptcy attorney, you will be asked how much
secured debt you have and how much unsecured
debt you have.
Your
bankruptcy discharge will eliminate your personal liability on most
secured debts, but liens on your property will remain.
In a Chapter 7
bankruptcy, you will be given the option to reaffirm certain
secured debts.
At times,
bankruptcy may be the best option to eliminate all of your
debt including
secured and unsecured
debt.
They are part of the
bankruptcy or consumer proposal and are included in your creditor list, as long as the CRA hasn't placed a lien against your property making it a
secured debt.
When you first discuss your
bankruptcy case with your attorney, be sure to learn which options for dealing with
secured debts serve your best interests.
It's ideal for first time home buyers or if you've been turned down for a loan, mortgage or
secured credit card due to
bankruptcy, bad FICO credit score or a bad rating, or if you are being harassed by a
debt collection agency or agencies.
Secured debts, such as car loans, need to be maintained after
bankruptcy.
If you live in Ireland and are in need of a
secured or unsecured personal loan or a
debt consolidation loan but you find yourself with a past or present
bankruptcy, a less than perfect credit rating or have a bad credit history due to unforeseen circumstances, you may find it difficult to find a lender that is willing to give you the financial capital that you presently need.
But if you convert them into
secured debt and try to file for
bankruptcy, your creditors can seize your house once you default on your payments.
If you choose to reaffirm your
secured debts in
bankruptcy, you can continue making your mortgage payments, giving you an additional source of on - time payment history data.
When you have lots of
debts,
bankruptcy may be a better solution, especially if some of your accounts are
secured debts for assets that you want to keep.
If your financial difficulties ultimately lead to
bankruptcy, you likely will not be able to discharge a
secured debt without first giving up the asset associated with the
debt.
After a
debt collection, delinquency or
bankruptcy, your best odds of approval will be for
secured credit cards.
If you live in Canada and are in need of a
secured or unsecured personal loan, a
debt consolidation loan or need car financing but you find yourself with a past or present
bankruptcy, a less than perfect credit rating or have a bad credit history due to unforeseen circumstances, you may find it difficult to find a lender that is willing to give you the financial capital that you presently need.
Bankruptcy can typically get rid of most of your unsecured
debts, but
secured debts will remain.
The alternative is
bankruptcy, in which case the unsecured
debts go unpaid and the
secured debts (home or auto) have to be foreclosed or repossessed.
Some of the
debts that
bankruptcy filing does not cover are student loans,
secured debts, income tax liabilities, and child support.
-LSB-...] 13
bankruptcy allows for the «cram down» of auto loans and other
secured debts.
Bankruptcy can eliminate unsecured
debt such as credit cards, but requires that
secured debts be paid after filing if the debtor wishes to keep the colatteral (car, home, boat etc.) In some -LSB-...]
With chapter 7
bankruptcy consumers can walk away from all of their
debt, including
secured debt, where they end up paying nothing aside from attorney fees.
A rudimentary understanding of the difference between unsecured and
secured debts is very helpful if you want to take the most information away from a meeting with a
bankruptcy attorney.
As a general rule, unsecured
debt is wiped out by filing
bankruptcy, whereas previous obligations to pay
secured debts will remain if you retain the property that serves as collateral for the loan.
That's because after
bankruptcy, you could be release of your unsecured
debt obligations, while you'll almost always have to repay
secured debt even if it's under a
bankruptcy repayment plan.
However,
bankruptcy does not relieve you of the obligation to pay
secured debts, such as mortgages and car loans, if you intend to keep the property.
Secured debts are not wiped out in
bankruptcy unless you agree to surrender or give back the property that serves as collateral for the loan.
Before the 2005 law change,
bankruptcy debtors had four options with respect to
secured debt.
In
bankruptcy, redemption is the process by which you take a pay off an old
secured debt with a new one that has better payment terms — including a balance that's in line with the current value of the property.
Because in 2005, when Congress made major changes to the existing
bankruptcy law, Congress changed the options that
bankruptcy debtors had with respect to
secured debts.
If you have unsecured
debt (like credit cards) that is overwhelming you,
secured debt (like a home mortgage or car loans) that is current, and you meet the Chapter 7 means test, then a Chapter 7
bankruptcy may offer you the relief you need.
When a debtor files for
bankruptcy protection, they list all
debts and creditors whom they owe money to, including both
secured and unsecured
debts.
Since
secured loans, child support and alimony and some other
debts can not be included in a
bankruptcy, you will still need to make your regular payments on these obligations even if you declare
bankruptcy.
A Chapter 13
bankruptcy includes a three or five year plan that gives you the time you need to catch up on your
secured debt arrearages.
These advantages are: to save your home from foreclosure; to reschedule
secured debts; to provide protection for co-debtors; to consolidate your loans under one plan; to keep non-exempt property; to extend certain tax obligations, student loans, or other such qualifying
debts; and to qualify for
bankruptcy relief.
So the
bankruptcy discharge that would otherwise eliminate the debtor's personal liability on a mortgage loan or car loan does not apply to the
secured debt that is the subject of the reaffirmation agreement.
Both Chapter 11 and Chapter 13
bankruptcy may allow you to modify
secured debt contracts, discharge certain unsecured
debts that can not be repaid over the term of the
bankruptcy repayment plan, and to keep certain property needed to operate your business.
Although
secured debts are handled differently than unsecured
debts in the
bankruptcy process, there are extenuating circumstances that may subject a creditor who holds a
secured debt to
bankruptcy laws, especially after a
bankruptcy closes.
Any individual person (not a corporation or partnership) is eligible for Chapter 13 relief as long as the amount of their
debts does not go above $ 307, 675 for unsecured
debts (those with no collateral) and $ 922, 975 for
secured debt and they are earning wages that cover more than their reasonable living expenses.The person must also have received credit counselling from an approved agency within the 180 days prior to filing and had not been dismissed from another type of
bankruptcy filing in this time period.
Bankruptcy does not deal with
secured debts like your mortgage or car.
Each
secured debt, such as mortgages, home equity loans, car loans, boat loans, furniture loans, judgment creditors, tax liens etc., must be analyzed carefully before a
bankruptcy case is filed.
At the end of the payment plan, your remaining
debts are discharged, unless you've reaffirmed (promised to pay) your
secured debts and received the approval of your
bankruptcy judge.
Canadian
bankruptcy law discharges all tax
debt universally, unless the Canada Revenue Agency has taken steps to
secure it (a lien on a property) or in the case of fraud or tax evasion.
For example, if a debtor's
secured debt exceeds $ 1,081,000 and / or combined unsecured
debt exceeds $ 360,475, and the debtor wishes to keep delinquent assets, the only viable
bankruptcy recourse would be to file for Chapter 11
bankruptcy protection.
In a Chapter 7 case, the most common type of personal
bankruptcy, the court doesn't allow an individual to keep their assets, but most exemptions allowed under state and federal law are large enough to cover a
secured debt such as a house mortgage a car loan.