A secured debt is what’s commonly known as “collateral debt”.   In other words, the creditor can come and take property that is tangible and use that property as payment if you default on any payments.  The most common examples of this would be either a house or car.  If you were to fall behind on these payments then the creditor could come and repossess or foreclose on the property and take it from you. Since secured debts are attached to property (vehicles, houses, furniture, electronics, etc.) you are making payments on, you can either choose to continue making payments or surrender the property within the bankruptcy. If you surrender the property through the bankruptcy filing, it removes your name from any legal obligation to pay the debt owed on the property and once the bankruptcy is filed no one will be able to come after you for the remaining debt. If you want to keep the property you will make the monthly payments until it is paid off.

An unsecured debt is a debt that is not combined with any piece of physical personal property or real estate.  When a person has unsecured debt, the creditors do not obtain any collateral, therefore making it harder for them to receive their payments.   They are only going by your promise to pay them back in the future. Since an unsecured debt lacks an attachment to physical property (credit cards, medical bills, some personal loans, etc.) these debts can typically be wiped out at the completion of a bankruptcy. Granted, while the majority of unsecured debt can be wiped out through a bankruptcy, there are some unsecured debts that cannot be wiped out such as taxes, student loans, and domestic support obligations.

Knowing the difference between secured debts and unsecured debts can be extremely useful in determining which type of bankruptcy will work best for you.   In order to file a Chapter 7 bankruptcy, you must be current on all house and car payments in order to keep them.  A Chapter 7 bankruptcy will wipe out any unsecured debt.  A Chapter 13 bankruptcy, on the other hand, is what’s known as a repayment plan.  If a person does not qualify under the Means Test or is behind on their house or car payments then a Chapter 13 will help the person keep their property while making monthly payments to the Trustee.