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Would your car be a unsecured priority?

Updated: 8/18/2019
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"Unsecured priority" refers to a type of debt. It means (1) that there is no lien guaranteeing (securing) the debt, and (2) that the Bankruptcy Code gives it priority over other unsecured debts for public policy reasons--in other words a priority debt gets paid before non-priority debts. So, a car cannot be unsecured priority, because it is an asset and not a debt. If you are asking whether you can protect your car in bankruptcy, that is a different question, and the answer depends on the exemption laws in your state. If you obtained a loan to purchase the car, then that loan is most likely secured by the car (i.e. there is a lien), and you cannot remove the lien unless the value of the car is below the current loan amount and you purchased your car more than 910 days before you file for bankruptcy. For more info, take a look at the link below.

The above is provided for informational purposes only. It is not intended as legal advice, and does not create an attorney-client relationship.

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Q: Would your car be a unsecured priority?
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Related questions

What is the difference between unsecured priority and unsecured non priority?

priority debts must be pais IN FULL, non-priority does not.


What is the difference between unsecured priority and unsecured non-priority?

Examples of unsecured priority debts are, child and/or spousal support, delinquent taxes, rent and utility arrears, any fines or restitution(s) that have been ordered by the court. Unsecured non-priority are, store cards, unsecured personal loans (unless held by a bank where the person has accounts), credit cards, and so forth.


Are employees unsecured priority claims in Bankruptcy Court?

Unpaid employees are priority unsecured bankruptcy claims up to approximately 10,000.


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.


Is a negotiable promissory note owed to a friend a priority claim when filing for bankruptcy?

No, it would be a nonpriority, unsecured debt.


If all unsecured non-priority claims are discharged can a creditor that was included in the discharge have a judgment lien on a property?

Following your supposition, if he had a lien then he wasn't an unsecured creditor, and if only unsecured were discharged, he wasn't.


What is the difference between secured and unsecured loan?

A secured loan would be a car loan for example. The car is used as collateral for the loan. A signature loan would be an unsecured loan. The only thing the lender would do is look at your credit worthiness and make you a loan based on you simply saying you'll pay them back.


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.


In a bankruptcy the priority debts -- the debts that the court feels should be paid first -- are paid then the unsecured debts are added up.?

true


What are the advantages of unsecured car loans?

There are four main benefits of unsecured car loans. These benefits include no collateral, quick approval process, flexible terms, and available to almost everyone.


Why is it called unsecured credit if they can come after you?

It's called unsecured because there is no concrete collateral such as a car or a house that you explicitly use to guarantee the debt. For example, a car loan is a secured debt. If you don't pay, they repossess the car. A credit card is an unsecured debt; if you don't pay, they can come after you... but there is nothing (such as a car or a house) that they can immediately and swiftly go after and take.


Are payday loans unsecured nonpriority claims?

Yes, in a general way of classification. The non priority claim would only apply in bankruptcy or probate matters, not in a civil suit brought by the lender for a debt owed.