Louisiana Bankruptcy Pre 1989 Agreements

State:
Multi-State
Control #:
US-OG-696
Format:
Word; 
Rich Text
Instant download

Description

This document addresses the question of Bankruptcy in pre-1989 agrements, stating specifically that the granting of relief under the Bankruptcy Code to any Party to this Agreement as debtor, this Agreement should be held to be an executory contract under the Bankruptcy Code, then any remaining Party shall be entitled to a determination by debtor or any trustee for debtor within thirty (30) days.

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FAQ

Cure Amounts means all amounts, costs and expenses required by the Bankruptcy Court to cure all defaults and other amounts outstanding under the Assumed Contracts and Additional Assumed Contracts to the extent required so that they may be assumed by the applicable Selling Entities and assigned to Buyer pursuant to ...

If a contract or agreement is not executory, it may be neither assumed nor rejected. Instead, the contract may give rise to either an estate asset or a liability?in the latter case, a claim that may be asserted against the estate by the non-debtor party.

The most common types of nondischargeable debts are certain types of tax claims, debts not set forth by the debtor on the lists and schedules the debtor must file with the court, debts for spousal or child support or alimony, debts for willful and malicious injuries to person or property, debts to governmental units ...

A landlord whose lease is rejected pursuant to section 365 of the Bankruptcy Code can assert a general unsecured claim comprised of prepetition arrearages plus ?rejection damages.? The ?rejection damages? portion of the claim is subject to a statutory cap equal to the greater of rents due for (i) one year; or (ii) 15% ...

Belongings like furniture, family portraits, kitchen utensils, household goods, musical instruments, pets and other animals are exempt. In addition to these general exemptions, Louisiana also allows up to $2,500 worth of guns and ammunition as well as up to $5,000 dollar wedding rings to be eligible for exemption.

A debtor may reject an executory contract or unexpired lease by motion or operation of a chapter 11 plan. In larger bankruptcy cases, rejection notices often contain schedules listing numerous contracts to be rejected in a single pleading.

How Does Bankruptcy Work in Louisiana? In most respects, filing for bankruptcy in Louisiana isn't different from filing in another state. The bankruptcy process falls under federal law, not Louisiana state law, and works by unwinding the contracts between you and your creditors. That's what gives you a fresh start.

Chapter 13 bankruptcy is a reorganization whereas Chapter 7 bankruptcy is a liquidation. A chapter 13 bankruptcy allows them to make up their overdue payments over time and to reinstate the original agreement.

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Louisiana Bankruptcy Pre 1989 Agreements