Unsecured DebtsWorking to Help Clients Thrive
What Is Unsecured Debt?
Unsecured debts are those that do not have any property attached to it as collateral, such as a car or a home. In other words, if someone loaned you money in this way, they can’t repossess anything.
Some common examples of unsecured debts are:
- Credit card charges
- Payday loans
- Some taxes, such as income taxes
- Medical bills
- Utility bills, such as telephone or electric bills
- Personal loans
When you miss payments for unsecured debts, creditors will typically attempt to contact you for payment and report the debt to a credit report agency. Eventually, they may file a lawsuit against you in an attempt to recover the debt either through garnishment or attaching it to property. Without a court judgment, creditors cannot legally seize your assets.
What Happens to Unsecured Debt in Bankruptcy?
Many unsecured debts can be discharged in a Chapter 7 bankruptcy, especially credit card debt, medical bills, and payday loans. If you are filing a Chapter 13, you will create an affordable monthly repayment plan to repay a portion of the debts. Most Chapter 13 filers will typically only pay a percentage of unsecured debts and end up having the remaining discharged at the end of their plan.
Are There Unsecured Debts That Cannot Be Discharged?
However, some unsecured debt is nondischargeable in Chapter 7— meaning it is not wiped out.
Nondischargeable debts include those for:
- Child support
- Spousal support
- Student loans (except in very limited circumstances)
- Certain taxes
- Recent debts for luxuries
- Debts incurred on the basis of fraud (such as lying on a credit application or writing a bad check)
- Unlisted creditors
What If Creditors Are Harassing Me About Debts?
Since creditors know that unsecured debt can be difficult and costly to recoup, many of them resort to threats and intimidation to convince you to pay. While creditors do have a right to call you, if they resort to harassment they may be breaking the law. This rarely stops them however, and the calls and letters become disruptive, upsetting, and overwhelming.
Protection from Experienced Attorneys
One of the advantages of having a lawyer on your side when you are overwhelmed by unsecured debt is that all calls and correspondence with your creditors can be routed through our office. Let the attorneys at Weintraub & Selth, APC handle your creditors while you take steps to get back on track. If you are ready to file for bankruptcy in Los Angeles, we're here to help.
Thousands of Cases Handled
Our experienced attorneys have successfully represented thousands of businesses and individuals with financial problems.
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Flexible fee arrangements enable small and mid-sized businesses to obtain the type of relief usually reserved only for large companies.
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Our lawyers have big firm training and expertise offered to clients in a cost-effective, boutique firm environment.
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One of the few true full-service bankruptcy firms in Los Angeles specializing in all chapters of the Bankruptcy Code and out of bankruptcy solutions.
"If you are a business owner going through difficult times and need help restructuring or closing your doors, this is the law firm to work with."- Paul Trump
"He also gave me his honest opinions on what paths we could take, what would be a good use of my money and what would not, which I appreciated after having gotten an expensive runaround from the previous attorney."- Lynn L.
"We were both blown away by your compassion and drive to help us get in a better position. You gave us our lives back."- Craig & Claudia
We can help you find clarity and peace of mind so you can move ahead to a positive future with your financial situation under control.