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When filing chapter 7 is a car loan a secured or unsecured claim?
Wiki User
∙ 15y ago
You file BK and it effects all your debts and all your assets. You do not pick and choose what you want included.
A car loan is generally a secured loan, and the security maybe used to pay the debt under the bankruptcy.
Wiki User
∙ 16y ago
Wiki User
∙ 15y agoLien on title...they get the property before anyone else...you can't sell without their release: Secured. If you had to ask this maybe the most basic of loan questions and especially if you don' understand all the differences it means to your bankruptcy filing...GET AN ATTORNEY TODAY....failing to file correctly all the things you swear to the Court aew correct and true could lead to criminal charges, and certainly bad results - even the case being dropped. BK is NOT just filing some papers and having your debts excused...the result, like any legal proceeding, is very uncertain...the actions you need to take very specific.....and you creditors (like the bank with the car loan)...will all have lawyers working to make sure they get as much as possible.
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Trustees motion to deem secured claim withdrawn?
This is not a question. If your question is, "What happens when the trustee moves the Court to declare a secured claim withdrawn," then one should object, particularly if the secured creditor still has a claim. If this is chapter 7, a secured creditor has no claim except on its collateral. In chapter 13, fight for your claim.
When a proof of claim form is a credit of money on an account is it a secured claim a unsecured priority claim or a unsecured non priority claim in a bankruptcy?
Presumably your talking about a credit in a general trade or deposit type account, (not a payroll matter, rent deposit or something on the priority list), it is simply an unsecured non-priority claim.
What percentage of unsecured debt is paid to the debtors involved in a chapter 13 bankruptcy?
The percentage paid to unsecured creditors in a Ch 13 is determined by your disposable income. Secured creditors get paid at 100%, house and car payments remain the same. What's left over gets paid out to those unsecured creditors who file proofs of claim. If a creditor does not file a claim, then that creditor does not get paid.
Is a negotiable promissory note owed to a friend a priority claim when filing for bankruptcy?
No, it would be a nonpriority, unsecured debt.
On a bankruptcy filing form what does it mean when it asks schedule F creditors holding unsecured nonpriority claims and asks for the date claim was incurred and consideration for claim?
Creditors are either secured or unsecured. Secured creditors such as the mortgage on your house or you car loan go on Schedule D. Unsecured creditors (creditor without liens or collateral) are either priority or nonpriority. The only creditors who are classified as priority go on Schedule E and Schedule E contains a list of the categories. Every other creditor (general unsecured creditors) goes on schedule F. The most common example of unsecured nonpriority creditors are credit cards and medical bills. You basically need to give a general description of what you bought and when you bought it. You don't need exact dates.
What are creditors holding secured claims?
If you signed a Security Agreement, then your creditor has a secured claim on the collateral specified in the agreement.
How does a creditor answer Chapter 7 bankruptcy?
By filing a proof of Claim, or by addressing questions/arguments to the court
What happens when two secured parties claim security interests in the same collateral?
When there are two secured parties claiming security interest in the same collateral, the creditor that is perfected (having filed a financing statement) will have priority over the interests of an unsecured creditor or unperfected secured party
How do you get a lien removed from a property deed if the debt was paid off in a chapter 13 bankruptcy?
You must have the lien avoided in the bankruptcy court. This has to happen before the bankruptcy case is closed or you have to petition to have the case re-opened. LIENS SURVIVE BANKRUPTCY UNLESS YOU SPECIFICALLY MOVE TO HAVE THEM AVOIDED. Let me add to the last post. Most of the time, the creditor who has the lien is listed as unsecured, even though they are technically secured. You need to review your bankruptcy to see how the claim was handled. If it was paid as secured (100%) or 100% to unsecured, then contact the creditor. If the debt was paid as unsecured (less then 100%), then you must have the lien avoided. Most chapter 13's are less than 100% to unsecured.
On bankruptcy schedule d what does it mean when the value of the property is 5000 but the claim is 1000 what is the secured portion?
If the property is worth $5,000 and there is a claim on it for $1,000, there is equity of $4,000, which will have to be paid to the trustee or exempted (in a Chapter 7). The $1,000 claim will be the secured claim, assuming it is in fact secured by a mortgage, purchase-money loan agreement, judgment levy or other security.
Can i sue someone if i am in the prossess of a chapter 7 bankruptcy?
Not as a rule. If the claim was something that arose after the filing, it will depend on the nature of the claim. If the claim arose prior to filing, you must have disclosed the claim in the bankruptcy documents and the trustee may take over the claim. Consult a lawyer knowledgeable in bankruptcy.
What is insecure claim?
An insecure claim is when you claim someone did something because of your present insecurities. The only reason why you think this way is because you're insecure. Secure people don't have these kinds of thoughts.
