October 7th, 2008 by Questions
Why is a secured loan not covered in bankrupcy?
Posted from: British Columbia
October 08, 2008 at 10:04 am, Barton Goth - Goth & Company Inc. - Bankruptcy Trustees said:
If secured loans were covered in a bankruptcy it would really cause problems with our financial system. You would likely have everyone with a large car loan or mortgage simply claiming bankruptcy on these loans and it would create havoc for our banking system. The net effect would be that the banks would refuse to loan these large amounts that are required for the purchase of large ticket items as they would have no protection.
So the only reasonable way to do things is for secured loans to survive bankruptcy, unless you give the secured property back. Once you give the property back the loan is no longer secured and you can be cleared from it. The only word of caution is you must give the property back prior to filing the bankruptcy.
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