Filing bankruptcy stops creditors' collections against you immediately. But sometimes a creditor tries to get permission to collect anyway.
In determining your ability to strip off a junior mortgage, you must look at the superior liens, the amounts owing on those debts, and the value of your house.
Bankruptcy is about debts. Different categories of debts are treated differently. The categories are secured, priority and general unsecured.
Chapter 7 puts you in the driver's seat to either keep or surrender the collateral securing your business debts.
Chapter 7 deals with some debts better than does Chapter 13. But Chapter 13 deals with some other debts better than Chapter 7. So what kind of debts do you have?
Too much debt can disqualify you from filing under Chapter 13.
If you don't qualify for either Chapter 7 or 13, do you have to do a very expensive Chapter 11 reorganization? Or could you still qualify after all?
Straight Chapter 7 bankruptcy gives very limited help if you're behind on your vehicle and need to keep it. And Chapter 13? Provides much more help.
Bankruptcy stops a vehicle repo from happening. But what then?
If you want to hold onto your vehicle, or other collateral, Chapter 13 makes it happen.
Yes, you have a moral obligation to pay your debts. But do you have higher moral obligations to release yourself from those debts?
If you are buying something on time and want to keep it, you often can do so for less money IF you bought it more than a year ago.
Under Chapter 7, you can pay your vehicle loan mostly by getting rid of all or most of your other debts. Under Chapter 13, you can pay your vehicle loan ahead of most of your other creditors.
In bankruptcy, are you allowed to favor: 1) creditors with collateral, so that you can keep the collateral; 2) creditors toward whom you have special loyalty; and 3) creditors who have extraordinary leverage against you?
Your car or truck loan may be the most important debt you have. Chapter 7 puts you in the driver seat for dealing with this debt.