Faint period in the Bankruptcy Agreement

Aug 6th, 2022
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How to faint period in the Bankruptcy Agreement

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what is a reaffirmation agreement in chapter 7 bankruptcy [Music] hi im scott allison attorney in alabama and if youre new to my channel welcome thanks for checking it out if you havent already hit that subscribe button the notifications bell so you dont miss any of our upcoming videos when someone files chapter 7 bankruptcy some if not all of the debt is eliminated by the bankruptcy so certain creditors you know where you have debt that is secured by either for example a car or house that creditor may request the individual or the person whos filing bankruptcy to sign a reaffirmation agreement what is it that agreement creates a new debt its a new debt that survives the bankruptcy so if for example someone signs a reaffirmation agreement and then later defaults on their car loan their car gets repossessed there becomes a deficiency balance and that creditor can sue that individual or try to collect on that deficiency balance debt even though the person filed bankruptcy then the

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The Preferential-Payment Rule This statute provides that when a debtor makes a payment to a creditor and the debtor files bankruptcy within 90 days of that payment, the Bankruptcy Court can force the creditor to pay that money back to the debtor for distribution to all of the debtors creditors.
Payments of more than $600 (in aggregate to one creditor) to regular arms-length creditors in the 90 days before you filed will also be considered preferences. This money can be clawed back from the preferred creditor and distributed among all of your creditors.
What Is the Look Back or Preference Period in Bankruptcy? The look-back period, or time the trustee can unwind these transfers, is ninety days for general creditors and one year for insiders. Insiders are relatives or someone with a close or influential relationship with you (see more below).
If a lender is considered an insider, then payments the lender received from the debtor that would potentially constitute preferences under the Bankruptcy Code are subject to a longer challenge period (one-year for insiders, as opposed to a 90- day period for non-insiders).
This statute provides that when a debtor makes a payment to a creditor and the debtor files bankruptcy within 90 days of that payment, the Bankruptcy Court can force the creditor to pay that money back to the debtor for distribution to all of the debtors creditors.
The bankruptcy preference period is 90 days before the bankruptcy filing for most creditor payments and one year for payments to a creditor who qualifies as an insider. The following people and entities would be insiders: a relative. a general partner. relatives of a general partner.
the court will determine whether the debtor is generally not paying debts as they become due unless such debts are the subject of a bona fide dispute . ,,i The period between the fil- ing of the petition and the courts determination is known as the involuntary gap period.
The automatic stay is in place for the duration of your bankruptcy case. However, there is one exception to the automatic stay: the 90-day clawback period. It is the time frame during which a bankruptcy trustee attempts to recoup cash from creditors. Read on to find out more about how the 90-day clawback period works.

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