Connecting You with Trusted Licensed Insolvency Trustees – We’re Here to Guide, Not Decide. Learn More

Free Consultation

secured creditors

a secured creditor offered to settle for the amount of secured property, later I realized that the monthly payments they were requesting was over the amount they wanted to settle for, no agreement was made. I know they have rights as a secured creditor, what are my rights to protect myself from the reason I went bankrupt in the first place?

One Response to “secured creditors”

A licensed trustee said...

This answer may be different depending on where in the country you reside.

If you pledged certain items of furniture as collateral for a loan and you have defaulted on the loan then the creditor likely has a right to come and seize (then sell) the items you pledged as collateral.

If you have filed an assignment in bankruptcy, the creditor will be required to prove to your trustee that they have processed all of their paperwork properly – if they have your trustee will inform them that they have a right to your stuff.

If you haven’t filed for bankruptcy yet then I suggest you take your loan documents with you to see a trustee and they can explain the process where you live in detail BEFORE you file.

If you have already filed, give your trustee a call and ask them to explain all of this to you (again).