Behm Law Group, Bankruptcy Attorneys

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Categorizing Creditors When You File for Bankruptcy in Owatonna, MN

March 20th, 2018 · No Comments

Almost all U.S. citizens hold one or more forms of debt in their day-to-day financial obligations. This includes anything from mortgages to credit card debts, and most individuals find ways to work those debts into their budgets. If you’ve found yourself struggling to do this, however, you might consider bankruptcy. If you choose to file for bankruptcy, Behm Law Group, Ltd. offers legal support to help you navigate through the process when you file for bankruptcy in Owatonna, MN.

If you have debts, the individuals, companies, or organizations that loaned you those debts are your creditors. Even with personal loans from family members or employers or friends, the lenders are considered your creditors until those debts are fully repaid. When you file for bankruptcy, the status of your creditors is determined based on the type of debts you owe to them.

This categorization of creditors can impact how your debts are repaid in bankruptcy. For a Chapter 7 bankruptcy, this means one creditor may not collect a higher return over another creditor. In a Chapter 13 plan, this categorization of creditors determines the percentage of debt you will repay throughout your repayment period.

These are the types of creditors involved in a bankruptcy case: 

  1. Secured: Any debt that involves a tangible property (i.e. mortgages or car loans) is considered secured, and the lenders of those debts are secured by that property, even in the event of a bankruptcy filing. Chapter 7 secured creditors will take back any collateral that secures their claims. In a Chapter 13 repayment plan, the secured creditors are generally repaid the present value, plus reasonable interest, of the assets securing their claims.
  2. Unsecured: Virtually every other type of debt not involving a property is an unsecured debt, and the creditors of those debts are also unsecured in repayment if you file for bankruptcy. For example, credit card debts, personal loans not involving property, medical bills, and certain older tax debts are all unsecured. The creditors of these debts will often only receive small partial repayments in a Chapter 13 plan and, often, will not receive any payment in a chapter 7 bankruptcy case.
  3. Priority: Priority creditors are, in fact, unsecured creditors much like credit cards or medical debts. However, for certain public policy reasons, the drafters of the bankruptcy code wanted to make it much more difficult to discharge or get rid of these debts.  Some examples of priority creditors are unpaid employees of the debtor, spouses with unpaid child support or alimony, or children of the debtor with certain unpaid obligations, tax debts, and criminal court fines and restitution awards.

These creditors are involved in most bankruptcy cases. Behm Law Group, Ltd. offers protection and counsel throughout your case. Contact us at (507) 387-7200 today for more information about filing for bankruptcy in Owatonna, MN.

Tags: Behm Law Group · Chapter 7 Bankruptcy ·


 

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