Ch. 7 & Secured Creditors

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Ch. 7 & Secured Creditors

 

Dealing with secured debts in Chapter 7

When a debt is secured, the creditor has rights in the security (or collateral) in addition to the rights against the debtor.

The debtor's personal liability may be discharged in Chapter 7 while lien rights in the collateral pass through bankruptcy unaffected unless they are avoided or stripped down.  When the lien cannot be avoided,  the debtor gets choices about how to provide for the creditor's rights in the collateral.

Long term secured debt like mortgages pass through the bankruptcy unaffected by the discharge.  Most creditors secured in real property are happy to continue receiving payments on the debt, so long as you are current. See Chapter 13 for using that chapter to cure defaults in long term secured debts.

You've got choices: Redeem,  Reaffirm, or Surrender

bulletRedemption means that you pay the secured creditor the present value of the asset that is the collateral for the debt in a single cash payment.  Upon payment, the asset is yours, free of the secured debt. The balance of the debt is treated as an unsecured debt in the bankruptcy and discharged with your other debts.
bulletReaffirmation is an agreement to waive the discharge as to the reaffirmed debt and to pay the debt according to the terms of the original agreement.   The reaffirmed debt is legally enforceable if you breach (stop paying) later on, and the creditor retains the security interest in the asset until the debt is paid.
bulletSurrendering the collateral renders the debt an unsecured debt in the bankruptcy.  The creditor can sell the asset to recover part of the claim.  Even if the asset isn't worth what was owed on it, the unpaid balance is discharged in the bankruptcy.
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