Monday, October 5, 2020

What's the Difference Between Unsecured and Secured Debt?

When considering filing for bankruptcy it is important to consider what sorts of debts you have and what will happen to them when you file. The two broadest categories of debt are secured debt and unsecured debt. Secured debt differs from unsecured debt as having some sort of collateral that the creditors use as security in case you are unable to pay the debt. Debts of this sort include car loans, where the car itself is the collateral that the creditors can collect in case you are unable to pay off the debt. Unsecured debt includes most other kinds of debt, like credit card debts, medical debts, etc. One thing to keep in mind when filing for bankruptcy is that most unsecured debts will automatically be discharged, but you do have the option to discharge your secured debts usually at the cost of your collateral. If you are worried about losing your property like houses/cars when filing for bankruptcy, one thing to consider is that you are able to exempt a certain value from your property using your bankruptcy exemptions. Alternatively, if you choose to file a chapter 13 bankruptcy, you will have the opportunity to either completely pay back or catch up on your unsecured debts, so that you won’t have to lose that property.

If you have any other questions or concerns about if you'll be able to exempt your property when filing for bankruptcy, it would be to your advantage to set up a consultation with a local bankruptcy attorney.


Tuesday, September 15, 2020

Can I Discharge Criminal Restitution in Bankruptcy?

Unfortunately, criminal restitution is not able to be discharged during bankruptcy. Nevertheless, one of the features of filing for bankruptcy called the automatic stay can prevent creditors or courts from attempting to collect any debt that you may owe them. There are a few exceptions to the protection of the automatic stay, but none of them apply towards criminal restitution. This automatic stay is case dependent, and can last up to 5 years. In general, however, chapter 7 bankruptcies offer a shorter automatic stay compared to chapter 13 bankruptcies. If you do end up filing for bankruptcy under chapter 13 you will have the option to restructure your debt into manageable monthly payments, which will give you more time to pay your criminal restitution.

To better understand if filing for bankruptcy is the right action for you, it is recommended that you set up a consultation with a local bankruptcy attorney.