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What is the difference between secured and unsecured debt in a bankruptcy?
Answered By Editor
Secure debt is the type of debt that is
secured from the creditor by collateral.
Things such as a car which is bought on
payments through a loan or a home that is
mortgaged are considered secure debt. This is
because the creditor has the option of
requiring the collateral to be returned to
them if the credit that is extended is not paid.
An unsecured debt is any debt that does not
involve a tangible asset. Debts that fall
under this category would be things such as
cash money borrowed against personal credit
either from a lending institution or a
private individual, credit card debt, medical
bills or other types of debt that do not
involve a tangible asset.
In bankruptcy, the court will decide if
secured debt collateral should be returned to
the creditor, liquidated or paid for through
the bankruptcy budget on a slow payment plan.
Unsecured debt is usually not paid or only
partial paid through a bankruptcy plan and is
eliminated from your credit record after the
bankruptcy is discharged by the court. Some
types of unsecured debts cannot be eliminated
by the court. You can elect to pay some types
of unsecured debt through your bankruptcy
plan if you can show proof to the court that
you are able to make the payments and a valid
reason why those unsecured debts should be
paid while others are not.
keywords: Bankruptcy | Bankrupt | Creditors | Debt
| Debt Relief | Secured Debt | Collateral | Unsecured Debt
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