After that date, the debt threshold will change. After June 21, 2024, you will only be eligible for Chapter 13 bankruptcy if you have debts below the following amounts: $465,275 in unsecured debt; and. $1,395,875 in secured debt.
Both secured and unsecured debt can be discharged in Chapter 13 bankruptcies, but non-dischargeable unsecured debts cannot be discharged in California.
If you have secured credit cards, where you've deposited a security deposit as collateral, you may be able to keep using them during and after bankruptcy, especially in Chapter 13. These cards are treated differently because they are backed by your deposit and do not represent new credit extended to you.
Contrary to popular belief, there is no specific minimum amount of debt required to file for Chapter 7 bankruptcy.
Why is a Mortgage Secured Debt? A mortgage is what's called a secured debt because it is backed up by collateral. In this case, the collateral is your home.
If a secured creditor fails to file proof of claim, then you will not make any payments toward what you owe on your house or car during your repayment plan. At the end of the bankruptcy process, to keep the collateral, you will still owe the full amount of these secured debts. Plus, you may owe interest and other fees.
Since secured loans are backed by collateral, they're typically easier to qualify for even with bad credit — however, approval isn't guaranteed as lenders may have additional eligibility criteria borrowers must meet.