Work in formula in the Bankruptcy Agreement

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How to Work in formula in the Bankruptcy Agreement

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So what if you want to keep a debt out of the bankruptcy in a chapter 7 and you don't want to get rid of that asset? What do you do? Well you can sign a reaffirmation agreement check out our next video for some more detail on how you do that and what the ramifications are so when you file a chapter 7 bankruptcy one of the forms that you're going to fill out on your petition is going to be a statement of intent and what this document is is it's saying what you intend to do with certain debt secured debt so if you have a car or a home and you're wanting to keep those items you will sometimes have to sign a reaffirmation agreement in order to keep those now what is that if you don't sign this reaffirmation agreement then that debt is discharged in your bankruptcy now in our district we're in the Northern District of Georgia it really doesn't matter if you sign one or not on your home you are not required to no one's going to come foreclose on your house because you didn't sign a reaffirm...

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Got questions?

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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What assets can you keep after bankruptcy?

Bankruptcy Exemptions: What Property Can you Keep In Chapter 7 Bankruptcy? Houses, Cars, and Property Encumbered By a Secured Loan. Household Goods and Clothing. Retirement Accounts. Money, Jewelry, and Other Property.

What is an executory contract in Texas?

Executory contracts include any real estate transaction that defers material action by either party into the future. Any contract for deed, lease option, or purchase option longer than 180 days is defined by the Texas Property Code as an executory contract.

How is equity determined in bankruptcy?

So the upshot is that when determining equity, you need to take the market value (sale price less any costs of selling the property) and then take away the total of the claims or debts against the property. When you have that number, you know your equity for the purposes of the bankruptcy case.

How are assets determined in bankruptcy?

If you are planning to file bankruptcy or have already done so, you may be wondering what will be considered an asset. An asset is anything of value that you own, including real estate, motor vehicles, bank accounts, investment accounts, furniture, jewelry, firearms, cash, books, stocks, pets and collectibles.

What is the meaning of the word executory?

Executory refers to something (generally a contract) that has not yet been fully performed or completed and is therefore considered imperfect or unassured until its full execution. Anything executory is started and not yet finished, or is in the process of being completed in order to take full effect at a future time.

Who is an insider under the Bankruptcy Code?

101(a)(31), an insider is defined to include for individual debtors that are relatives, any partnership in which the debtor is a general partner, any general partner of the debtor or any corporation in which the debtor is a director, officer, or person in control.

What is an avoidance action in bankruptcy?

These are legal actions to recover money or property that was transferred by the debtor before the bankruptcy case was filed. There are several types of avoidance actions that are covered by the Bankruptcy Code that can be pursued by a trustee. The most common of these are preferences and fraudulent transfers.

What is Section 544 of the Bankruptcy Code?

Section 544 of the Bankruptcy Code enables trustees to avoid a transfer of property of the debtor where a creditor of the debtor would have such a right under state law.

What does avoiding mean in bankruptcy?

Avoidance Actions in bankruptcy is an action to undo (avoid) certain transactions that the debtor engaged in before the bankruptcy. Though Avoidance Actions are not common, they are something to be aware of and to review your case for prior to filing.

Can you contract around bankruptcy?

As the Bankruptcy Code and its interpretation are always evolving, it is not improper to seek to contract for innovative relief in advance of a bankruptcy filing. Again, the parties to the contract will need to bring the issue before the Court to test the enforceability of such creative drafting.

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