Remove Alternative Choice in the Bankruptcy Agreement

Aug 6th, 2022
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How to Remove Alternative Choice in the Bankruptcy Agreement

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good afternoon im attorney lee pearlman i want to talk to my family law friends and colleagues about how to bankruptcy proof your divorce settlement right now first let me lay a little groundwork for everyone bankruptcy code section 523 a15 i know i promise this will be the only bankruptcy code section i cite in this video simply provides that debts incurred during the course of divorce are non-dischargeable in chapter 7 and 11. but a chapter 13 is different a chapter 13 bankruptcy is more expansive so it can discharge any non-support obligations associated with divorce unlike 7 and 11. family lawyers are most at risk when they are drafting marital settlement agreements we see it all the time or court judgments that direct one spouse to pay or indemnify another spouse in the future the spouse assigning the obligation or what we say as doing the directing thats the creditor spouse this is the spouse who needs to be cautious and careful some examples of clauses that could be subject to

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Below are some common questions from our customers that may provide you with the answer you're looking for. If you can't find an answer to your question, please don't hesitate to reach out to us.
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Exempt and nonexempt assets Some assets are exempt from bankruptcy proceedings. Federal exemptions exclude certain assets from liquidating, and many states have unique exemptions. These exemptions can include clothing, tools needed for work or health-related purposes and other assets.
Bankruptcy Alternatives. Your options to avoid bankruptcy include debt management plans; debt consolidation loans and debt settlement. Find out if one of these will work for you.
If you file for personal bankruptcy, you generally have two options: Chapter 7 or Chapter 13. A Chapter 7 bankruptcy will sell off many of your assets to pay your creditors. In a Chapter 13 bankruptcy, you keep the assets but must repay your debts over a specified period.
You must list all your debts when filing for bankruptcy without exception. So excluding or not reporting an active credit card account youd like to keep after bankruptcy isnt an option.
Seven Ways to Protect Your Assets from Litigation and Creditors Purchase Insurance. Insurance is crucial as a first line of protection against speculative claims that could endanger your assets. Transfer Assets. Re-Title Assets. Make Retirement Plan Contributions. Create an LLC or FLP. Set Up a DAPT. Create an Offshore Trust.
You are certainly allowed to keep your checking and savings account during a bankruptcy. You can certainly continue banking at the same institution, though in some cases you might not want to (see below).
Chapter 7 bankruptcy and Chapter 11 bankruptcy are both common options for businesses in declaring bankruptcy. The key differences essentially amount to liquidation vs. a reorganization and restructuring of debt.
You must list all of your debts in your bankruptcy petition without exception. Most people have at least one debt they dont want to erase (discharge) in bankruptcy, and many think they can pick and choose the debts included in the case.

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