Massachusetts 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

The Bankruptcy Reform Act of 1978 (P.L. 103-394, 107 Stat. 4106), as amended, governs the relationship between creditors and debtors when debtors can no longer pay their debts. Ordinarily, people and businesses have a legal obligation to pay their debts.

Bankruptcy Act of 1867 The Act notably foreshadows today's debtor-friendly Chapter 12 and 13 provisions by introducing the ?compo- sition agreement? allowing debtors and creditors to negotiate repayment?often for less than full compensation.

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.

If you are a party to a lease or contract and the other party files for bankruptcy, you must continue performing your obligations while the debtor determines whether to assume or reject your contract.

An Act to establish a uniform system of bankruptcy throughout the United States. Its popular name is a homage to the role of Senator Knute Nelson in its composition. It was significantly amended by the Bankruptcy Act of 1938 and was superseded by the Bankruptcy Act of 1978.

Congress' first law on the subject was the Bankruptcy Act of 1800, which was limited to traders and provided only for involuntary proceedings. This was repealed in 1803.

Modern Bankruptcy Act - Nelson Act The current Bankruptcy Code was enacted in 1978 by § 101 of the Bankruptcy Reform Act of 1978, and generally became effective on October 1, 1979. The current Code completely replaced the former Bankruptcy Act, the ?Chandler Act? of 1938.

Rule 2004 of the Federal Rules of Bankruptcy Procedure allows any "interested person" to require someone else to testify and produce documents on matters related to your bankruptcy. The 2004 Exam can cover a broad range of issues, including: your actions, conduct or property. your debts and financial condition.

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Massachusetts Bankruptcy Pre 1989 Agreements