Bankruptcy Does Not Solve Every Problem (But Does Solve Many)

While bankruptcy is meant to give parties a “fresh start.”  There are certain issues it cannot solve.  Bankruptcy will not eliminate all of the rights of secured creditors.  Secured creditors are creditors who have a lien attached to property you are financing, like a house, car, etc.  Lien being the important word.  The lien allows the secured creditor to take back property if you cannot or do not pay.  This lien is not eliminated by bankruptcy.  Bankruptcy is about eliminating debt.  It will not eliminate the underlying lien.  In other words, there are no free cars in bankruptcy.  A secured creditor has a right to insist on repayment before releasing the lien.  Debtors should always consult with their attorney about their options regarding secured debt.