Bankruptcy may have a lasting effect on debtors, but creditors feel the impact as well. When consumers file for bankruptcy, creditors are much less likely to be paid. Those that are paid may not receive the total amount originally owed.
Creditors must adhere to the ruling of the bankruptcy court, whether or not they agree with the outcome.
Secured creditors are creditors who hold a lien on a piece of property and are paid first when a debtor’s assets are liquidated in a Chapter 7 bankruptcy. Unsecured creditors, however, do not have a lien and often only receive payment should the debtor file for Chapter 13 bankruptcy.
If an individual files for Chapter 13 bankruptcy, a creditor can expect to be repaid via a repayment plan. The balance of the debt, the interest rate or any additional fees may be lowered by the court.
A creditor must cease attempting to collect from the debtor once it receives notice of the bankruptcy. In order to receive payment for the debt, the creditor must file a claim with the bankruptcy court.
If a creditor can prove that the debt it was owed was incurred by fraud or that the debtor lied on his initial application, the debt may not be discharged through bankruptcy.
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