Can My Pool Loan be Discharged in Bankruptcy? 

Can My Pool Loan be Discharged in Bankruptcy? 

Pool loans usually get financed through a third-party company, such as a bank or credit union not through the pool contractor themselves.  On credit reports the debt is usually listed as an unsecured debt which is the same as any type of credit card debt.   However, the actual loan agreement/contract always needs to be reviewed.

It is commonplace for the pool contract to state that there will be a UCC filing if the loan becomes 30+ days past due.  A UCC filing (Uniform commercial code financing statement) is a document filed by the creditor with the Florida Secretary of State to assert their security interest in the collateral (pool).   A UCC lien cannot be removed or avoided.

UCC liens can include everything from real property (homestead or rental properties) or other personal property.   A UCC lien will prevent you from being able to sell your property or use your property as collateral to obtain another loan such as a second mortgage or refinance of your current loan.

Unfortunately, it is something that will likely have to be paid.  A bankruptcy may still be helpful because you can eliminate other debt like credit card debt or personal loans so you can focus on staying current with your secured debt.   If you are having difficulty navigating whether something is a secured or unsecured debt it is good to speak with a bankruptcy attorney to figure out what can be discharged in bankruptcy and what you should continue to pay.


Who gets notified of my bankruptcy? 

Who gets notified of my bankruptcy? 

All of your creditors get listed in the bankruptcy petition so as soon as the bankruptcy petition is filed, the court will mail your creditors the 341 meeting of creditor’s notice.  The notice has your case number is located on the notice so they can log on and review all pleadings that get filed in the case.

If you have an active state court case where a lawsuit is pending against a creditor we file what is called a Suggestion of Bankruptcy in the underlying case.  That alerts the Judge and all the parties in the State Court case that there is an automatic stay in effect, the litigation must stop because of the active bankruptcy.  If you have any co-debtors they also receive a notice from the court.

People often ask if their employer gets notified of the bankruptcy.  Your employer will not get notice of your bankruptcy filing.  Similarly, people also ask if their landlord on a residential lease gets notified.  You do have to list any leases/contracts so they do ordinarily receive notice.

This usually does not present an issue as long as, you are making your rent payments on time to your landlord. If you are involved in a domestic violence type of situation, we can get the court to seal the address from your file for your protection.

Your bankruptcy will typically not show up in a general google search so don’t be deterred from filing for bankruptcy because you think you people will find out. The case is filed in Federal Court and requires Pacer access to view case information.

Can I Rent After Bankruptcy

Can I Rent After Bankruptcy

Many people ask whether they will be able to rent a home or apartment after filing for bankruptcy. The answer to that question is yes. It’s a common requirement to fill out an application with the property manager and have them run your credit history.

Within a short period of time after receiving your discharge your credit score should continue to improve if you are making timely payments to your obligations such as your car payment. You also have more disposable income after filing your bankruptcy case because you will be debt free. Landlords are more likely to have an issue with prior evictions than a bankruptcy filing.

A few things can help you during the application process to help assure the landlord you would not be at risk for default. If you have lived in your existing rental and have paid on time for at least a year that’s helpful. Even better if you can use your current landlord as reference. Additionally, if you have had a consistent job history with the same employer that is also helpful with no gaps of unemployment.

If you have a lower credit score you may be required to pay a higher security deposit or have a co-signor on the lease. Typically, rent does increase each year so keep that in mind when you begin to rent to make sure it’s affordable long term. Ask what items are included in the rent such as water, cable or trash or if that and additional cost. Having a roommate at least temporarily could help defray some of the cost as well.

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