New Hampshire 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

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 This was repealed in 1803.

Rule 6(a) is part of the restructuring of the civil rules intended to eliminate the distinction between law and equity. Pleadings which notify the opposing party and the court of the factual and legal bases of the pleader's claims or defenses better define the issues of fact and law to be adjudicated.

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.

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 It was significantly amended by the Bankruptcy Act of 1938 and was superseded by the Bankruptcy Act of 1978.

Transfer of Cases. (1) When any party files a motion in any superior court requesting the transfer of a case, or of a proceeding therein, to another superior court, the presiding judge may, after giving notice and an opportunity for a hearing to all parties, order such transfer.

Appeal from Administrative Agency. (1) The supreme court may, in its discretion, decline to accept an appeal, or any question raised therein, from an order of an administrative agency, or may summarily dispose of such an appeal, or any question raised therein, as provided in Rule 25.

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.

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.

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New Hampshire Bankruptcy Pre 1989 Agreements