SOL time limits are set by the individual states. However, when the debt was reaffirmed and payments were made the SOL 'clock' was restarted also. Anytime a payment is made, regardless of the amount, the SOL will begin from the date the last payment is made.
If you signed a Security Agreement, then your creditor has a secured claim on the collateral specified in the agreement.
Following your supposition, if he had a lien then he wasn't an unsecured creditor, and if only unsecured were discharged, he wasn't.
Not IF you reaffirmed the loan with the creditor.
No.
* An unsecured debt, generally, is a debt that is not backed by collateral. For instance a car loan is secured by the security interest the lender has in the car. A credit card which is not backed by collateral is not secured by collateral therefore it is an unsecured debt. Generally, yes a creditor can sue for unsecured debt, the creditor just doesn't have any interest in the good that formed the basis of the loan.
"How is a claim filed as an unsecured creditor to the US bankruptcy court case 07-23686-RG?"
Sounds like defaulted abbreviated by reporting creditor.
The creditor is the lender. The bankrupt is the debtor. The lender never has to re-affirm he wants to get paid back.
A creditor can sue in court to obtain a lien against a debtor for an unsecured loan. If successful in the lawsuit, the creditor can request a judgment lien that can be used to take the debtor's property to pay the amount due.A creditor can sue in court to obtain a lien against a debtor for an unsecured loan. If successful in the lawsuit, the creditor can request a judgment lien that can be used to take the debtor's property to pay the amount due.A creditor can sue in court to obtain a lien against a debtor for an unsecured loan. If successful in the lawsuit, the creditor can request a judgment lien that can be used to take the debtor's property to pay the amount due.A creditor can sue in court to obtain a lien against a debtor for an unsecured loan. If successful in the lawsuit, the creditor can request a judgment lien that can be used to take the debtor's property to pay the amount due.
Repossess or foreclose on the secured property if the agreement is in default.
No
Assuming a Chapter 7 in which a secured debt is not being reaffirmed, the debtor should act promptly to transfer the asset to the creditor.Other, non-exempt, assets are collected and sold by the trustee, not the creditors, and the trustee then takes his fee and distributes whatever may be left pro rata to the unsecured creditors.