I am planning on filing ch 7 bankruptcy, and a large portion of my monthly income goes to payments on secured loans through finance companies. Can these secured debts be discharged under chapter 7?
Yes. Whether a debt is dischargeable in bankruptcy has nothing to do with whether it is secured or unsecured.
If a debt is secured, then the lien remains against whatever property it has attached to on the date the bankruptcy case was filed.
So, if you want to retain the collateral, you obviously have to continue making the payments. But after bankruptcy, you no longer have the obligation to do so, so you can always return the secured collateral with no further obligation.
Mark Markus has been practicing exclusively bankruptcy law in California since 1991. He is a Certified Specialist in Bankruptcy Law by the State Bar of California Board of Legal Specialization, AV-Rated by martindale.com, and A+ rated by the Better Business Bureau.
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