What is the Difference Between Secured and Unsecured Debt?

TRI Writer • October 24, 2019

Kenneth C Rannick pc, Kenneth C Rannick bankruptcy, Rannick bankruptcy attorney, tennesee bankruptcy attorney, Georgia bankruptcy attorney, Tennessee bankruptcy lawyer, Georgia bankruptcy lawyer, declare bankruptcy in Tennessee, declare bankruptcy in georgiaAre you struggling with overwhelming amounts of debt? If so, consider learning a little bit more about your debt and what you can do about it before you write it off as an impossible situation. The first thing to consider when dealing with debt is what type of debt you are facing. There are two main categories of debt: secured and unsecured. Knowing the difference can help you when you are borrowing money and when you are attempting to manage debt, pay off debt, or considering the benefits of bankruptcy protection.

What is Secured Debt?

Secured debts are just that – they are secured by an asset of value, like a vehicle or a piece of property/real estate. The asset that secures the debt serves as collateral. Lenders place a lien on assets that guarantee a debt that provide them with the right to repossess or foreclose on the asset if the account becomes past due. If the delinquency continues to this point and the lender completes the repossession/foreclosure process, they typically sell the asset. When the price obtained by the lender is not the full price of the remaining debt, the lender may seek payment of the remaining balance or the deficiency balance.

What is Unsecured Debt?

An asset does not secure unsecured debts. When dealing with unsecured debt, lenders have no right to any collateral in connection to the account balance. If the borrower becomes delinquent, they cannot typically claim assets belonging to the borrower as compensation for the debt. What the lender can do is take other actions to obtain the money owed. The most common unsecured debt is credit card debt. Different types of unsecured debt include student loans, medical bills, payday loans, court-ordered child support, etc.

What Actions Do Lenders Take to Obtain Payment on Unpaid or Past Due Debt? 

When borrowers are past due on their account payments, lenders of both types of debt may take action to obtain payment. Some lenders will hire a debt collector to urge the borrower to make a payment. Others may decide to file a lawsuit to request wage garnishment or a lien on one of the borrower’s assets until the debt is paid. Late payments and delinquent accounts are also reported by most lenders to the credit reporting agencies and negatively affect the borrower’s credit score.

If you need help managing overwhelming debt or would like to discuss the benefits of bankruptcy in your situation, please get in touch with one of the experienced Consumer Bankruptcy Specialists on staff in Kenneth C. Rannick P.C.’s Chattanooga office. We can help you weigh the pros and cons of filing for a discharge of debt depending on the type of debt you are dealing with and whether or not the majority of your debt is eligible for discharge.

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Are you a Tennessee resident facing financial challenges and considering bankruptcy? If so, you may have heard about a relatively new option called Subchapter 5 bankruptcy. But what exactly is Subchapter 5 and how does it differ from traditional Chapter 11 bankruptcy? More importantly, what benefits does it offer to individuals and small businesses?  In this blog post, we will explore the world of Subchapter 5 bankruptcy and shed light on its advantages for Tennessee residents. Whether you're a struggling entrepreneur or an individual burdened by overwhelming debt, understanding the potential benefits of Subchapter 5 can help you make informed decisions about your financial future. What is Subchapter 5 Bankruptcy? Subchapter 5 is a relatively recent addition to the United States Bankruptcy Code, specifically designed to provide a streamlined and cost-effective bankruptcy process for small businesses and individuals. It was created as part of the Small Business Reorganization Act (SBRA) in 2019, with the aim of increasing accessibility to Chapter 11 bankruptcy relief. The Benefits of Subchapter 5 Bankruptcy Simplified Process: One of the key advantages of Subchapter 5 is its simplified and faster bankruptcy process. Unlike traditional Chapter 11 bankruptcy, which can be complex and costly, Subchapter 5 offers a more streamlined approach that is better suited for small businesses and individuals. Retention of Ownership: Under Subchapter 5, business owners have the opportunity to retain ownership and control of their company while developing a repayment plan. This allows for greater flexibility and the ability to restructure debts without losing ownership interests. Reduced Plan Requirements: Subchapter 5 eliminates certain stringent plan requirements that are typically associated with traditional Chapter 11 bankruptcy. This simplification of the plan process makes it more accessible to small businesses and individuals. Debt Repayment Plan: Subchapter 5 allows for the development of a debt repayment plan based on the individual's or small business's disposable income. This plan spans over three to five years, making it more manageable and achievable for debtors. Creditor-Friendly Approach: Subchapter 5 encourages creditor participation and collaboration, promoting consensual resolutions and a more amicable environment. This can lead to increased cooperation, reduced litigation costs, and ultimately, a more successful restructuring process. Subchapter 5 vs. Chapter 11 Bankruptcy: Understanding the Difference While both Subchapter 5 bankruptcy and traditional Chapter 11 bankruptcy share some similarities, there are significant differences between the two. The primary distinction lies in the complexity, cost, and requirements associated with each option. Subchapter 5 offers a more simplified and accessible bankruptcy process specifically tailored to the needs of small businesses and individuals, while Chapter 11 is better suited for larger businesses with more complex financial structures. If you're a Tennessee resident grappling with financial difficulties, Subchapter 5 bankruptcy may provide a viable solution. Its streamlined process, reduced plan requirements, and debtor-friendly approach make it an attractive option for small businesses and individuals seeking relief from overwhelming debt. Before making any decisions, it's essential to consult with a qualified bankruptcy attorney who can guide you through the process and help determine the best course of action for your specific situation. Remember, bankruptcy is not a one-size-fits-all solution, and the outcome will depend on various factors. However, understanding the potential benefits of Subchapter 5 bankruptcy can empower you to make informed decisions about your financial future. At Kenneth C. Rannick, P.C., we specialize in bankruptcy law and can provide the guidance and support you need during challenging times. Contact us today to schedule a consultation and explore your options for a fresh start. Take control of your financial future with Subchapter 5 bankruptcy. Let us help you navigate the path to a brighter tomorrow.
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