Strike point in a Bankruptcy Agreement - Online Editor

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How to strike point in the Bankruptcy Agreement

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the following bltv program is brought to you by flaherty law please enjoy [Music] welcome to learn about law my name is kevin oflaherty from oflaherty law i hope you enjoyed this video if you need some help please feel free to give us a call at agreements in 630-324-6666-324-6666 7 bankruptcy so first off a reaffirmation agreement is a contract between the debtor thats usually the person filing for bankruptcy and the creditor usually the original lender on the property in question and that agreement states that the debtor wants to keep the property usually home or vehicle and pay the existing debt and future payments reaffirmation agreements are used in chapter 7 bankruptcy by those that want to keep property from being included in the assets that will be collected by the bankruptcy trustee and sold to cover the debtors debts normally in chapter 7 bankruptcy any assets that debtors have will be sold to satisfy the debts owed to the creditors in many cases a chapter 7 filer will be

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Can a creditor rescind a reaffirmation agreement?

Reaffirmation agreements can be rescinded any time before the Court issues the discharge, or within 60 days after the agreement is filed with the Court, whichever is the later. Notice of the rescission must be given to the creditor.

Does a creditor have to accept a reaffirmation agreement?

If you want to file a reaffirmation agreement, you need to do so within 60 days of the first date of the meeting of creditors. Once you submit it, it must be accepted by the creditor.

Can you negotiate a reaffirmation agreement?

Understand your rights: As the debtor, you have the right to choose whether or not to reaffirm a debt. If you decide to reaffirm a debt, you must do so before your bankruptcy is discharged. You also have the right to negotiate the terms of the reaffirmation agreement with your creditor.

What is the reaffirmation agreement process?

You will receive a hearing date to see a judge and explain why you want to reaffirm the debt. You must also explain how you can afford to make payments in the future. The judge will decide whether or not to approve your reaffirmation agreement.

What happens if you default on a reaffirmation agreement?

A reaffirmed debt remains your personal legal obligation to pay. Your reaffirmed debt is not discharged in your bankruptcy case. That means that if you default on your reaffirmed debt after your bankruptcy case is over, your creditor may be able to take your property or your wages.

What happens if you reaffirm a debt then fail to pay it?

What Happens if I Default on a Reaffirmed Debt? You risk losing your property if you fail to make your agreed-upon payments. Since reaffirmation agreements typically deal with secured debts, your creditor will have the right to repossess your property to recoup their investment at that point.

What happens to union contracts in bankruptcy?

The bankruptcy code allows businesses to reject labor contracts under certain circumstances, while the federal labor law prevents employers from unilaterally changing labor agreements, even if those agreements have expired. The court sided with the bankruptcy law.

What is Section 1113 of the Bankruptcy Code?

Specifically, section 1113 provides that a trustee or DIP may reject a CBA only if the bankruptcy court determines that: (i) the trustee or DIP has made a proposal (supported by relevant information necessary to evaluate it) to the authorized representative of covered employees which provides for those necessary

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