What is the difference between secured and unsecured creditors?
In California, secured and unsecured creditors are different entities in the bankruptcy process. Secured creditors are those who have a stake in the owned property of the person filing for bankruptcy. These creditors are usually banks, lenders, or other businesses that have given the debtor a loan. As a result, secured creditors have a legal claim to the debtor’s assets. That means if the debtor is unable to pay back their debt, the secured creditor can take possession of the property that secures the debt. Meanwhile, unsecured creditors are those who do not have a legal claim to the debtor’s assets. These creditors usually include credit card companies, hospitals, utility companies, and other businesses who have provided the debtor with services and goods. Unsecured creditors are not granted access to any of the debtor’s assets if the debt cannot be paid back. The only way these creditors can be paid back is through a bankruptcy process. However, in many cases unsecured creditors may not receive full payment since secured loans must be paid before any unsecured debts.
Related FAQs
What is a reaffirmation agreement?How does the bankruptcy court decide which creditors will get paid?
What is the difference between a discharge and a dismissal?
What kind of debt counseling is available before and after filing for bankruptcy?
Are there additional filing fees associated with filing for bankruptcy?
What is considered a non-dischargeable debt?
How often can I file for bankruptcy?
Are there any assets that I will not be able to keep in bankruptcy?
Will I lose my property if I file for bankruptcy?
How can I protect co-signers from being affected by my bankruptcy?
Related Blog Posts
What is Bankruptcy Law? - July 31, 2023What Are the Most Popular Types of Bankruptcy? - August 7, 2023
How to Choose the Right Bankruptcy Attorney for Your Case - August 14, 2023
Understand the Consequences of Not Filing for Bankruptcy - August 21, 2023
How to Avoid Bankruptcy With Financial Self-Management - August 28, 2023