Replace Mark into the Bankruptcy Agreement and eSign it in minutes

Aug 6th, 2022
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How to Replace Mark into 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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On the other hand, paying off debt is an obligation, and theres no free house option that comes with it. No bankruptcy action forgives a primary mortgage. The bottom line is that if you want to stay in your house, you still have to pay your mortgage.
A Chapter 7 bankruptcy wipes out your financial debt, including your mortgage, but you could lose your house. A Chapter 13 bankruptcy is more of a reorganization, and you can even catch up on payments as long as these are included in your plan.
Mortgage and Other Secured Debts Will be Discharged Mortgage debts, and other secured debtssuch as those on vehiclesare also dischargeable in bankruptcy in most cases. This means that the obligation to pay on the underlying mortgage (or other secured) debt is extinguished if you receive a discharge in bankruptcy.
Reaffirmation agreements are unnecessary: You can keep your home even if you dont reaffirm your mortgage. You can continue making your mortgage payments after bankruptcy and protect your home from foreclosure, even if you do not sign a reaffirmation agreement.
What are examples of extenuating circumstances for bankruptcy? Mortgage lenders reduce waiting periods after bankruptcies from extenuating circumstances. Extenuating circumstances include loss of income after a divorce, large medical bills or inability to work after injury or illness, and unexpected job joss.
Your Mortgage Was Discharged That means if you fail to pay, the lender can forclose but isnt allowed to come after you for the deficiency after the foreclosure sale. It means you owe $0 on your mortgage. Youre paying the security interest, but theres no personal liability.
Yes. You can cancel (or rescind) your reaffirmation agreement, even if a judge has already approved it. NOTE: WE STRONGLY RECOMMEND THAT YOU SPEAK WITH AN ATTORNEY TO ADVISE YOU ABOUT THE CONSEQUENCES OF CANCELLING A REAFFIRMATION AGREEMENT IN YOUR CASE.
A bankruptcy discharge releases the debtor from personal liability for certain specified types of debts. In other words, the debtor is no longer legally required to pay any debts that are discharged.

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