Easily Replace Required Fields in the Bankruptcy Agreement

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How to Replace Required Fields 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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What is ipso facto in bankruptcy?

What is an Ipso Facto clause? An ipso facto clause is a provision in an agreement which permits its termination by one party due to the bankruptcy, insolvency or financial condition of the other party.

What is the catch in filing bankruptcy?

Filing for bankruptcy can lead to higher interest rates when you are eventually able to obtain financing. You will be required to take a court-approved credit counseling course. You cannot use bankruptcy to discharge overwhelming debt again for at least four to eight years, depending on what type of bankruptcy you

Can you modify a bankruptcy?

Generally, a bankruptcy cannot be modified after it is filed. However, since Chapter 13 Bankruptcy is a repayment plan over 3-to-5 years, it is possible your circumstances may change since your bankruptcy was filed.

What are five common mistakes consumers make when filing for bankruptcy?

6 Common Mistakes People Make When Filing for Bankruptcy Mistake #1: Choosing the Wrong Kind of Bankruptcy. Mistake #2: Adding to Your Credit Card Debt Before You File. Mistake #3: Transferring Property to Another Person. Mistake #4: Repaying Debts to Friends and Family. Mistake #5: Filing Too Close to A Major Life Event.

What are the three most common reasons Americans file for bankruptcy?

Since 2005, commonly reported causes of bankruptcy include reduced income, job loss, credit debt, illness/injury, unexpected expenses and preparing for divorce.

What does modification allow for in bankruptcy?

Modifying a mortgage loan while in Chapter 13 Bankruptcy A mortgage modification can allow for a decreased interest rate, an extension of the repayment period or both. In either event, your monthly payments will be reduced.

What are two of the most common forms of bankruptcy for consumers?

Chapter 7 and Chapter 13 bankruptcy are the most commonly filed types of bankruptcy, likely because theyre available to individuals.

What is one major drawback for filing for bankruptcy?

Disadvantages of Bankruptcy: A bankruptcy can remain on your credit record for 7-10 years and can affect your future finances. A bankruptcy may impede your chances of getting a mortgage or car loan for some time. Not all debt will be discharged.

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Replace Required Fields in the Bankruptcy Agreement