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Section 1126 of the Bankruptcy Code and the Dangers of Sleeping on Your Rights as a Creditor

PBWT

This is especially true if you’re a creditor in a chapter 11 case. Two mortgage companies held more than $800,000 in secured claims, and 33 creditors had unsecured claims totaling about $1.1 The plan proposed to pay unsecured creditors $300,000 over five years and to make regular mortgage payments to the secured creditors.

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Restructuring And Insolvency: What Is A Restructuring Plan?

Hudson Weir

Debt restructuring aims to help ease a company’s financial difficulties via an agreement between a company and its creditors. In the first meeting, court permission is sought to hold a meeting of creditors (the Convening Hearing). A restructuring plan is then proposed to all of a company’s creditors.

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Debtor Allowed to Make Voluntary Contributions to Retirement Fund While Repaying Creditors

ABI

In In re Marlena Joy Pizzo , the United States Bankruptcy Court for the District of South Carolina held that a debtor may voluntarily contribute to her retirement plan while paying creditors under a bankruptcy plan. [1] 14] Additionally, a substantial portion of Pizzo’s unsecured debts will be paid through her Chapter 13 plan. [15].

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Sixth Circuit Rules that Monthly 401(k) Contributions can be Excluded from “Projected Disposable Income” Under a Chapter 13 Plan

Foster Swift

A Chapter 13 bankruptcy plan requires a debtor to satisfy unsecured debts by paying all “projected disposable income” to unsecured creditors over a five-year period. In a recent case before the U.S. 1] Read More › Tags: 6th Circuit Court of Appeals , Chapter 13.

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Chapter 13 Bankruptcy Hardship Discharge: Am I Eligible?

Sawin & Shea

Instead of fighting with your creditors, you work with them proactively in the bankruptcy process to resolve your debts. You have already paid your creditors at least as much as they would have received in a Chapter 7 bankruptcy , also known as a liquidation bankruptcy.

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Does Chapter 13 Wipe All of Your Credit?

Sawin & Shea

The court will then order a bankruptcy stay — also called an automatic stay — that prohibits creditors and lenders from collecting what you owe. This plan states that you’re committed to paying back something to creditors in monthly installments, and you detail the minimum amount you’ll pay as well as the duration of the plan.

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What Should You Know About Medical Debts & Bankruptcy?

Sawin & Shea

Your medical bills are considered “unsecured debts” which means there is no property that can be taken from you under contract as a result of not paying your medical bills — and most unsecured debts, like medical bills, are eligible for bankruptcy. Your combined total secured and unsecured debts are less than $2,750,000.