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If secured creditors retain ownership and therefore control over the asset do they lose anything as a result of Ch.7 ? Unsecured creditors such as MC\Visa know full well that they will incurr a 20% default rate and willingly accept such due to the fact that they are able to charge Mafia interest rates and still make an outrageous amount of profit. So....are there any big losers due to Ch.7 filings. The old addage that "we all Pay" for those who file ch.7 doesn't seem to ring entirely true to me. Maybe I've missed something , comments.....s.kuteman
Secured creditors may get the asset back but they lose the amount that has been depreciated since the debtor purchased the asset. (the difference between what the asset was worth at purchase verses what it's worth at repossession). Maybe credit card interest wouldn't be so high if 20% of the users weren't getting a free ride. If you need to borrow money, credit cards usually aren't the right place to go. Also, if you pay your bill off every month, you pay no interest. Therefore, the only people paying the high rates are those that wish to carry a balance, (borrow from the credit card company). Other big losers include but are not limited to:
Utilities
Doctors
Furniture stores
Anyone else that trusted the person with any credit.
We all pay, every time these people write off bad debt their prices have to reflect the loss. It's built in to everything we buy.
So correct fisher_of_man, small businesses are the biggest losers and they are the ones who have previously provided the goods or services for which they have not been paid. Small guys are at the end of the line.
Meanwhile, the biggest winner is lawyers. They have not invested a dime in the proceedings but they are somehow always first in line for any monetary dispersions.
Originally posted by aerocolorado
Meanwhile, the biggest winner is lawyers. They have not invested a dime in the proceedings but they are somehow always first in line for any monetary dispersions.
I spent quite a bit of time working as a collector and got to know very well the bankruptcy attorneys from our area. We even has one guy that is so bold that he has local commericals and offers out a payment plan....$50/mo til the fees are paid, then he will file your petition in the court...until then he gives the debtors a number to give all creditors. it is a recorded message that tells you your collection efforts are being monitored closely and that they would advise you give up collecting the debt.
the majority of the time...the people never pay all the way thru...the attorney keeps the money, and by that time the creditors have already charged off the bad debt...YOU ARE CORRECT....the ONLY winner is the attorney!
we refer to ours as the BK Factory...most of the time at the meeting of the creditors, the attorney hadn't even met face to face with his cleints...it was always comical seeing him trying to find out who his next case was. I bet it was nothing for him to have 30-50 cases a day...... but to this point...nobody has stopped him...the new Bankruptcy legislation keeps getting hung up in congress.
If he could collect on all his "receivables", ie deadbeats that owe him money that he'll never see, he could buy himself 10 new F350 4X4 CC 6.0 diesel Superduties, and have some change for accessories.
Originally posted by fisher_of_man ...YOU ARE CORRECT....the ONLY winner is the attorney!
I don't know if you'd use the word "winner", but the person who walks away from the debt after using the goods and services is the real winner. I make an exception to people that file bankruptcy as a result of catastrophic medical bills.
Originally posted by jskufan I don't know if you'd use the word "winner", but the person who walks away from the debt after using the goods and services is the real winner. I make an exception to people that file bankruptcy as a result of catastrophic medical bills.
I would agree...I think there are SOME people that need bankruptcy and actually use if for the purpose its intended..and I don't have near as big a problem with that...but I would also venture out to say that at least 95% of the people that file could have worked it out if they had tried...instead they chose the easy way out. under the current laws, it is WAY TO EASY to file.
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