What is the difference between secured and unsecured creditors?
In Mississippi, the difference between secured and unsecured creditors when filing for bankruptcy is important. Secured creditors are lenders that have a legal right to seize property if payments aren’t made. Cars, boats, and homes are typically secured creditors in bankruptcy filings. Unsecured creditors do not have collateral backing up their debt and are generally considered lower priority during bankruptcy proceedings. Credit card debt, medical bills, and most other personal debt are considered unsecured creditors. If a debtor is filing for bankruptcy, secured creditors are typically the first to be paid, while unsecured creditors are the last. Secured creditors often receive a portion of what is owed to them, and unsecured creditors usually receive nothing at all. In certain cases, the court can negotiate between both parties to receive less than what is owed, but unsecured creditors are often left at a great disadvantage. In Mississippi, secured creditors must be listed in the bankruptcy filing for the debtor to receive a discharge. If the secured debt isn’t listed, it is not subject to the rules of bankruptcy and can still be collected from the debtor. This means that the debtor would still have to pay back the secured debt even if the bankruptcy has been granted. Unsecured creditors do not need to be listed in the bankruptcy filing, but must be included in the paperwork if the debtor wants to include them in the bankruptcy.
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