North Carolina Liquidation Agreement regarding Debtor's Collateral in Satisfaction of Indebtedness

State:
Multi-State
Control #:
US-00769BG
Format:
Word; 
Rich Text
Instant download

Description

This form deals with a situation where a Lender and Debtor have previously entered into a Promissory Note and Security Agreement and the Debtor has defaulted under the Note and Security Agreement for failure to make timely payments. Pursuant to this Agreement, Lender has agreed to forbear for a limited time from immediately enforcing its rights against the Collateral to permit the Debtor a short period of time to repay the debt and liquidate the Collateral.
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  • Preview Liquidation Agreement regarding Debtor's Collateral in Satisfaction of Indebtedness
  • Preview Liquidation Agreement regarding Debtor's Collateral in Satisfaction of Indebtedness
  • Preview Liquidation Agreement regarding Debtor's Collateral in Satisfaction of Indebtedness
  • Preview Liquidation Agreement regarding Debtor's Collateral in Satisfaction of Indebtedness
  • Preview Liquidation Agreement regarding Debtor's Collateral in Satisfaction of Indebtedness
  • Preview Liquidation Agreement regarding Debtor's Collateral in Satisfaction of Indebtedness
  • Preview Liquidation Agreement regarding Debtor's Collateral in Satisfaction of Indebtedness
  • Preview Liquidation Agreement regarding Debtor's Collateral in Satisfaction of Indebtedness

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FAQ

The discharge received by an individual debtor in a Chapter 11 case discharges the debtor from all pre-confirmation debts except those that would not be dischargeable in a Chapter 7 case filed by the same debtor.

Chapter 11 is the chapter used by large businesses to reorganize their debts and continue operating. Corporations, partnerships, and limited liability companies cannot use chapter 13 to reorganize and must cease business operations if a chapter 7 bankruptcy is filed.

If you still have a solid job or way to make money, but simply can't afford to fully pay what you owe, Chapter 13 is a good option to take. It lets you maintain more control over your finances and assets than you would with a Chapter 7 bankruptcy.

Or somewhat more accurately, Chapter 13 can give you more power over and flexibility with certain kinds of creditors, and if you have non-exempt assets. However, if you do not have those kinds of debt or assets, or not much in terms of tangible assets, then Chapter 7 would likely be the faster and easier option.

It will be discharged in the bankruptcy. To keep the property, you will usually have to either keep the debt and pay off the loan or pay the lender the actual value of the property. There are some exceptions, so talk with your lawyer.

The filer doesn't have to meet any debt limits under Chapter 11 rules and there are no limits to file. Chapter 13, on the other hand, is generally used by those with a stable source of income. Unlike Chapter 11, there are debt limits that filers must meet debt limits to qualify.

A debtor may repay a discharged debt even though it can no longer be legally enforced. Sometimes a debtor agrees to repay a debt because it is owed to a family member or because it represents an obligation to an individual for whom the debtor's reputation is important, such as a family doctor.

Chapter 11 is the chapter used by large businesses to reorganize their debts and continue operating. Corporations, partnerships, and limited liability companies cannot use chapter 13 to reorganize and must cease business operations if a chapter 7 bankruptcy is filed.

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North Carolina Liquidation Agreement regarding Debtor's Collateral in Satisfaction of Indebtedness