If you file for a Chapter 7 bankruptcy, your secured debt may be discharged, but the lender is also able to repossess the property that secured the debt. In other words, if you have a mortgage on your home and file a Chapter 7 bankruptcy, the mortgage debt may be discharged but the lender can take back your home.
Unsecured debt can take the form of things like traditional credit cards, personal loans, student loans and medical bills.
Secured debt - A debt that is backed by real or personal property is a “secured” debt. A creditor whose debt is “secured” has a legal right to take the property as full or partial satisfaction of the debt. For example, most homes are burdened by a “secured debt”.
What Are the Current Chapter 13 Debt Limits? The debt limitations set for cases filed between April 1, 2022, and March 31, 2025, are $1,395,875 of secured debt, and $465,275 of unsecured debt.
Contrary to popular belief, there is no specific minimum amount of debt required to file for Chapter 7 bankruptcy.
Chapter 7 bankruptcy is generally more damaging to credit initially because it involves liquidating assets and stays on your credit report for 10 years, whereas Chapter 13 stays for 7 years and demonstrates an effort to repay debts through a structured plan, which may soften the impact over time.
Filing for Chapter 7 bankruptcy eliminates credit card debt, medical bills and unsecured loans; however, there are some debts that cannot be discharged. Those debts include child support, spousal support obligations, student loans, judgments for damages resulting from drunk driving accidents, and most unpaid taxes.