Michigan Bankruptcy Pre 1989 Agreements

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Multi-State
Control #:
US-OG-696
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Word; 
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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.

Michigan Bankruptcy Pre-1989 Agreements refer to the legal contracts and agreements that were made before 1989 and are related to bankruptcy filings in the state of Michigan. These agreements hold significance in the context of bankruptcy cases as they defined the terms and conditions under which debtors could file for bankruptcy protection or negotiate alternative settlement arrangements with their creditors. Before 1989, bankruptcy laws and regulations in Michigan were governed by the Bankruptcy Act of 1898 and subsequent amendments. These agreements were based on the provisions of this Act, which set the rules regarding bankruptcy proceedings, debt discharge, and debt restructuring. However, it is essential to note that in 1989, the Bankruptcy Code was significantly revised and replaced the previous law, bringing substantial changes to bankruptcy procedures. The Michigan Bankruptcy Pre-1989 Agreements encompassed various types depending on the specific purposes they served. Some of the most common types of agreements include: 1. Debt Settlement Agreements: These agreements allowed debtors to negotiate with their creditors to settle outstanding debts or restructure payments through reduced interest rates, extended terms, or partial debt forgiveness. 2. Chapter 7 Bankruptcy Agreements: Chapter 7 bankruptcy, also known as liquidation bankruptcy, involved the sale of a debtor's non-exempt assets to repay debts. Agreements related to Chapter 7 bankruptcy outlined the terms under which debtors could seek liquidation of their assets and obtain debt discharge. 3. Chapter 13 Bankruptcy Agreements: Chapter 13 bankruptcy, also known as reorganization bankruptcy, allowed debtors to develop a repayment plan to settle their debts over a specific period. Agreements related to Chapter 13 bankruptcy defined the terms of the repayment plan and the conditions under which debt would be discharged at the completion of the plan. 4. Creditor Agreements: These agreements were made between the debtors and specific creditors, outlining alternative arrangements, such as payment extension, reduced interest rates, or adjusted payment terms, outside the regular bankruptcy procedures. It is crucial to understand that these agreements were valid only until the Bankruptcy Code revisions in 1989. Since then, bankruptcy procedures in Michigan have been governed by the new legislation, and pre-1989 agreements may not hold the same relevance or applicability today. If you are dealing with a bankruptcy case, it is recommended to consult with a qualified bankruptcy attorney familiar with current laws in Michigan.

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The corresponding Michigan state exemption for most debtors is currently $40,475 and will rise to $46,125 on March 30, 2023. The Michigan exemption for those who are over age 65 or disabled will rise from the current value of $60,725 to $69,200.

Personal Property Exemptions Up to $3,525 would be protected for household goods. This includes furniture, appliances & jewelry. Up to $600 in equity would be protected for computer accessories. There is no limit on the amount of clothing that you can keep.

A Chapter 7 bankruptcy wipes out mortgages, car loans, and other secured debts. But if you don't continue to pay as agreed, the lender will take back the home, car, or other collateralized property using the lender's lien rights.

People using the Michigan system of exemptions can protect up to $30,000 of equity in their homes. People using the federal system of exemptions are entitled to $21,626 for individual filers and $43,250 for joint filers.

Wildcard Exemption This is an exemption that can be used to protect something that would normally not be exempt. Some of these items might include a classic car you have restored, a comic book collection, or other such items.

In most cases you will not lose your home or car during your bankruptcy case as long as your equity in the property is fully exempt. (see Michigan bankruptcy exemptions) Even if your property is not fully exempt, you will be able to keep it, if you pay its non-exempt value to creditors in chapter 13.

In most cases, bankruptcy exemptions in Michigan allow you to keep exempt property that you need to maintain a household and job. This includes personal property like clothing, home furnishings, and the equity you have in your car.

In a Chapter 7 bankruptcy, if you meet the eligibility requirements, you may be able to discharge many of your debts such as credit cards and medical bills. If you want to keep your house you must continue to make your mortgage payments.

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Michigan Bankruptcy Pre 1989 Agreements