4 Debts that can also be included in a Bankruptcy

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4 Debts that can also be included in a Bankruptcy

4 Debts that can also be included in a Bankruptcy

Most people file Bankruptcy due to eliminate credit cards and personal loans or reorganize their mortgage debt.  However, Bankruptcy is also an option for those struggling with medical debt, timeshares, vehicle repossession charges and co-signed debt.  Each of the aforementioned debts are unsecured in nature, meaning they are not or no longer secured by an asset.  Accordingly, these debts are most likely dischargeable in bankruptcy without the loss of any asset(s). “Dischargeable” means they can be included in a bankruptcy and the bankruptcy filer is no longer financially responsible for the debt itself.

Medical Debt: According to Fox Business 1 in 5 Americans have unpaid medical bills and medical debt is the leading cause of Bankruptcy.  https://www.foxbusiness.com/personal-finance/medical-debt-bankruptcy-hospital-bill-forgiveness.  The incurrence of medical debt is generally associated with missed time from work while one recuperates along with unforeseen insurance and medical care expenses.  The reduction in pay due to medical needs along with the increase in expenses may further diminish one’s ability to pay their monthly expenses on a regular and timely basis.  After a medical emergency, one may need to heal financially as well and most of the time, Bankruptcy is a very efficient and viable option to do so.

Timeshares:  Too often I have heard the story of a nice couple or family that finally gets the chance to get away only to be preyed upon by Timeshare salesman.  The premise of a time share is very simple, the time is reserved every year and there is even flexibility to use the timeshare in the form of points elsewhere.  Although the week in Florida, the Poconos, Myrtle Beach, Atlantic City, etc. sounds great, the financials are not!  Most time shares are at  least $300 per month plus a $50 maintenance fee or $350 month or $4,200 per year.  Generally you get six (6) nights per year for a price of ($4,200 divided by 6) $700 per night.   During the height of the pandemic many were unable to use their timeshares which made them an even worse financial endeavor.  Further, if you miss a year, the payments are not refundable.  The cost of a timeshare does not come close to its benefits and through Chapter 13 or Chapter 7 Bankruptcy one is able to surrender their interest in a timeshare and no longer be financially liable for payments.

Vehicle Repossessions:  Whether a vehicle is voluntary given back to the creditor or the vehicle is repossessed by a tow truck, the financial impact is devastating financially and for one’s credit.  A vehicle deficiency is the difference between a vehicle’s value and the amount owed on the subject vehicle.  If a vehicle is worth $15,000 and the delinquent loan is for $25,000, the deficiency is $10,000, plus any repossession, auction, storage, and related fees.  Vehicle repossession charges usually turn into collection action by third party creditors.  Bankruptcy is a tremendous tool that erases the vehicle late payment history on one’s credit report, discharges the deficiency and is a great assistance in improving credit so one can most easily finance a replacement vehicle in the near future at more favorable financial terms.

Co-signed debt: Debt that is co-signed is most common in the form of apartment leases, vehicles and rent to own agreements for household furnishings and appliances.  Co-signed debt is governed by the law of joint and several liability.  For example if two people sign an apartment lease for $1500 per month and agree to pay $750 each and one moves out and stops paying, the Landlord/Creditor may collect the joint liability of $1500 from the remaining tenant.  Usually one person can not afford the full amount contracted for and is left with a negative payment history, collections and ultimately lawsuits stemming from a breach of contract.  The injured co-signor may utilize Bankruptcy to discharge the co-signed financial obligation and erase all negative payment history.  This gives the co-debtor a fresh financial start and a very important financial lesson regarding co-signing for other people.

Sadek Bankruptcy Law Offices, LLC has a dedicated team of lawyers who help clients achieve the benefits of bankruptcy in Pennsylvania and New Jersey.  Our lawyers have over 75 years of combined experience and have filed more than 5,000 successful bankruptcy cases.  If you would like to discuss your financial situation, call 215-545-0008 (Pennsylvania) or 856-890-9003 (New Jersey) for a free consultation with a lawyer.  We look forward to helping you!

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