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12 Questions while Dealing with Collateral Other Than Your Home or Vehicle

October 2, 2017 by Chris Kane

Do you owe a debt that you think is secured by things like your furniture, appliances, electronics? How does bankruptcy deals with these?     1. Is it really secured? The first thing is to make sure that the debt you think is secured by collateral really is. Does the creditor really ... Read More »

Filed Under: Secured Debts Tagged With: avoiding liens, collateral, cramdown, personal property, secured debts, surrendering collateral

Chapter 7 if You Can’t Off All Your Debts

March 27, 2017 by Chris Kane

Chapter 7 may still give you enough help even if you have one or more debts that you will continue to owe afterwards.     The last two weeks we’ve covered three possible complications in Chapter 7 “straight bankruptcy” cases. If you: have relatively high income have ... Read More »

Filed Under: Discharge of Debts Tagged With: Chapter 7, discharge, discharge of debts, fraud, income taxes, secured debts

Chapter 7 vs. Chapter 13 and the Time Element

February 6, 2017 by Chris Kane

Chapter 7 is quick. It’s usually best when it discharges most of your debts. Chapter 13 gives you time to address debts Chapter 7 doesn’t.   A Big Difference—Time There are many practical differences between Chapter 7 and 13.  Today we focus on how these two options ... Read More »

Filed Under: Chapter 13, Chapter 7 Tagged With: automatic stay, Chapter 13, Chapter 13 plan, Chapter 7, priority debts, secured debts

The Debtor, Creditors, and Clerk in a Bankruptcy Case

January 9, 2017 by Chris Kane

Your bankruptcy case will make much more sense if you know the roles of the people involved, starting with debtor, creditors, and clerk.    The Debtor This is the “person” filing the bankruptcy case. An individual can file a case, as can a married couple. The ... Read More »

Filed Under: Bankruptcy Procedure Tagged With: bankruptcy court, clerk of bankruptcy court, creditors, debtor, secured debts, unsecured creditors

A Fresh Start on Your Vehicle Loan through Chapter 13 “Cramdown”

January 13, 2016 by Chris Kane

If your vehicle is worth less than you owe, Chapter 13 “cramdown” can reduce your monthly vehicle payment and the total you pay on the loan.   You could get a fresh start on your vehicle loan by: Paying a smaller monthly payment immediately Reducing the interest rate Not needing to ... Read More »

Filed Under: Chapter 13, Vehicle Loans Tagged With: cramdown, general unsecured debts, secured debts, vehicle cramdown, vehicle loan arrearage, vehicle repossession

Chapter 7 and Chapter 13–Unsecured Debts

November 4, 2015 by Chris Kane

Which of the two consumer bankruptcy options is better for you if you have lots of unsecured debts depends on the kind of unsecured debts.     Unsecured Debts Debts that are unsecured are those which are not secured by anything you own. The creditor has no “security interest” ... Read More »

Filed Under: Chapter 13, Chapter 7 Tagged With: bankruptcy options, discharge of debts, discharge of taxes, priority debts, secured debts, unsecured debts

Chapter 7 and Chapter 13–Stripping a Second (or Third) Mortgage

October 21, 2015 by Chris Kane

Stripping a mortgage from the title to your home could save you a tremendous amount of money.     Two blog posts ago our topic was getting rid of judgment liens, which can be done under either Chapter 7 “straight bankruptcy” or 13 “adjustment of debts.” So if you ... Read More »

Filed Under: Mortgages, Real Estate Tagged With: home mortgage, mortgage lenders, secured debts, stripping second mortgage

Chapter 7 and Chapter 13–Personal Property as Purchased Collateral

October 7, 2015 by Chris Kane

How does bankruptcy treat something you bought—furniture, an appliance, or some electronics—when that thing is collateral on a debt?   In our last couple blog posts we compared how Chapter 7 “straight bankruptcy” and Chapter 13 “adjustment of debts” each deal ... Read More »

Filed Under: Chapter 13, Chapter 7 Tagged With: Chapter 7, personal property, secured creditors, secured debts, unsecured creditors, unsecured debts

Making Sense of Bankruptcy: The Vehicle Loan “Cramdown”

April 22, 2015 by Chris Kane

Chapter 13 may allow you to significantly reduce your monthly vehicle payment and to pay off the debt for thousands of dollars less.   In this “Making Sense” series, we’re helping you understand bankruptcy by explaining its main concepts within single sentences. Today’s ... Read More »

Filed Under: Chapter 13, Vehicle Loans Tagged With: cramdown, secured debts, unsecured debts, vehicle cram down, vehicle cramdown, vehicle loan

New Year Resolution #15: Get a Fast Financial Fresh Start, Leaving You with No Debts or Only the Debts You Can Handle

February 2, 2015 by Chris Kane

Chapter 7 "straight bankruptcy" is quick, usually quite straightforward, and appropriate for more situations than you might think.     In our last blog we described how Chapter 13 “adjustment of debts” works, some of its amazing tools, as well as some of its limitations. ... Read More »

Filed Under: Pre-Bankruptcy Planning Tagged With: assets, home mortgage arrearage, no asset Chapter 7 case, non-exempt assets, secured debts, vehicle cramdown

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