Be aware that
the agreement by your creditors is voluntary and it is not legally binding.
It is advised that part of your negotiation process involves
an agreement by the creditor to stop reporting information to the credit bureau or request that the account be listed as «paid as agreed» instead of being listed as «settled» on the credit report.
From its appearance, the biggest difficulty lies in the process of reaching
the agreement by creditors of various priorities and adopting the restructuring scheme accepted by all the interested parties: the creditors, purchasers, and the insolvent itself.
Not exact matches
Noble said in a statement on Wednesday that its Restructuring Support
Agreement (RSA) had been signed
by creditors known as the Ad Hoc Group.
Tsipras embarrassed pundits the world over
by blowing up negotiations with Greece's
creditors instead of accepting an 11th - hour
agreement that would have erased fears of default.
In addition, this fall the E.U. reached an
agreement that actually has a realistic shot of lessening Greece's debt load and putting that country on a path toward recovery
by forcing losses on official - sector
creditors.
The negotiation of such an
agreement had long been rejected
by the country's prior populist administration, leading
creditors to gain a ruling in US courts that precipitated Argentina's default in 2014, and so prevented it from issuing further debt.
Examples of these risks, uncertainties and other factors include, but are not limited to the impact of: adverse general economic and related factors, such as fluctuating or increasing levels of unemployment, underemployment and the volatility of fuel prices, declines in the securities and real estate markets, and perceptions of these conditions that decrease the level of disposable income of consumers or consumer confidence; adverse events impacting the security of travel, such as terrorist acts, armed conflict and threats thereof, acts of piracy, and other international events; the risks and increased costs associated with operating internationally; our expansion into and investments in new markets; breaches in data security or other disturbances to our information technology and other networks; the spread of epidemics and viral outbreaks; adverse incidents involving cruise ships; changes in fuel prices and / or other cruise operating costs; any impairment of our tradenames or goodwill; our hedging strategies; our inability to obtain adequate insurance coverage; our substantial indebtedness, including the ability to raise additional capital to fund our operations, and to generate the necessary amount of cash to service our existing debt; restrictions in the
agreements governing our indebtedness that limit our flexibility in operating our business; the significant portion of our assets pledged as collateral under our existing debt
agreements and the ability of our
creditors to accelerate the repayment of our indebtedness; volatility and disruptions in the global credit and financial markets, which may adversely affect our ability to borrow and could increase our counterparty credit risks, including those under our credit facilities, derivatives, contingent obligations, insurance contracts and new ship progress payment guarantees; fluctuations in foreign currency exchange rates; overcapacity in key markets or globally; our inability to recruit or retain qualified personnel or the loss of key personnel; future changes relating to how external distribution channels sell and market our cruises; our reliance on third parties to provide hotel management services to certain ships and certain other services; delays in our shipbuilding program and ship repairs, maintenance and refurbishments; future increases in the price of, or major changes or reduction in, commercial airline services; seasonal variations in passenger fare rates and occupancy levels at different times of the year; our ability to keep pace with developments in technology; amendments to our collective bargaining
agreements for crew members and other employee relation issues; the continued availability of attractive port destinations; pending or threatened litigation, investigations and enforcement actions; changes involving the tax and environmental regulatory regimes in which we operate; and other factors set forth under «Risk Factors» in our most recently filed Annual Report on Form 10 - K and subsequent filings
by the Company with the Securities and Exchange Commission.
In addition to having the support of the
Creditor's Committee, the labor unions representing OTB employees reached
agreements earlier this fall which were ratified
by their members.
A similar
agreement was reached eight years later with the Paris Club of
creditor nations (the last remaining Argentine debt still in default besides bonds held
by holdouts) on debt repayment totaling $ 9 billion including penalties and interest.
7) A due - on - demand clause - The exceptions are if: a) There is material misrepresentation or fraud
by the borrower in connection with the loan; b) The borrower fails to meet the terms of repayment in the
agreement; or c) There is any action
by the borrower that negatively affects the
creditor's security.
The time begins from the day you fail to abide
by the
agreement or contract with the
creditor, which typically means when you fail to make a monthly payment as required.
Creditor releases you from any further obligation associated with any
agreement signed
by you specifically related to the settled account.
A signed
agreement by a buyer or borrower, permitting a
creditor to collect a certain portion of the debtor's wages from an employer in the event of default.
Debt settlement is the process
by which you and your lender (s) work out a repayment
agreement that leaves you paying less than is actually owed to the
creditors.
A debt management plan can be set up for free,
by yourself, simply
by speaking to your
creditors and seeing if you can come to some kind of
agreement.
For example, to keep a car the debtor may choose to redeem the debt (pay the secured
creditor the value of the collateral in exchange for a release
by the
creditor of their lien) or reaffirm the debt (sign a reaffirmation
agreement and continue to make car payments).
Collecting or attempting to collect the expenses, or anything such as interest or other expenses incidental to the main debt, unless authorized
by your
agreement with the original
creditor or otherwise permitted
by law.
If this happens, all of your unsecured
creditors, whether they voted yes, no or didn't vote at all, are legally obliged to abide
by the terms of the IVA
agreement.
The FDCPA prohibits a debt collector from assessing any fees or charges which are not specifically permitted
by the laws of your state, or contained in the terms of your original
agreement with the
creditor.
You should be sent a «true copy» of your
agreement that is easy to read and a statement of your account signed
by your
creditor.
If you are settling a debt that is large or particularly important, you could have a formal
agreement drawn up
by a solicitor and signed
by you and the
creditor.
(2) Subject to any
agreement between them, the
creditor shall be entitled to be indemnified
by the supplier for loss suffered
by the
creditor in satisfying his liability under sub-section (1), including costs reasonably incurred
by him in defending proceedings instituted
by the debtor.
--(1) If the debtor under a debtor -
creditor - supplier
agreement falling within section 12 (b) or (c) has, in relation to a transaction financed
by the
agreement, any claim against the supplier in respect of a misrepresentation or breach of contract, he shall have a like claim against the
creditor, who, with the supplier, shall accordingly be jointly and severally liable to the debtor.
It is an act of bankruptcy and if the debt
agreement is not accepted
by your
creditors they can use the proposal to apply to the court to make you bankrupt.
The change is that companies offering debt relief services over the phone can not collect advance fees from you before settling or reducing your debt, before having an
agreement for debt management or other services in place, or until you've made at least one payment to a
creditor as a result of a plan negotiated
by the debt relief provider.
A signed
agreement by a buyer or borrower, permitting a
creditor to collect a certain portion of the debtor's wages from an employer in the event of default, or as method of repayment.
Not with standing any
agreement to the contrary between a debtor and a
creditor, any charges made or incurred
by a collection agency or incurred or made
by a
creditor in employing a collection agency or agent to collect the debt shall be deemed not to be a part of the amount owing
by the debtor and shall not be recoverable
by the
creditor or
by the collection agency or agent acting on behalf of the
creditor..
By selecting a debt settlement service, you will have an impartial third party who will work with you and your
creditors to try to come to an
agreement — it's almost like debt mediation.
whether the consumer credit transaction or other transaction is made under the provisions of the National Housing Act, or where the
creditor is exempt from licensing under this chapter, (ii) where the credit transaction is not a consumer transaction, (iii) where the credit transaction is
by a trust institution as defined in Section 5 - 12A - 1 (1), in its capacity as a fiduciary under any plan or
agreement qualified under 26 USC 401 (a) or defined
by 5 USC 8437, 26 USC 403 (b), or 26 USC 457, or a trust exempt under 26 USC 501, or (iv) to any municipal pension system created under the laws of the State of Alabama.
Reaffirmation
agreements do not improve your credit score, are usually always made in favor of the
creditors, are not required
by law, do not guarantee you will pay for the loan, and the debts covered
by them can not be discharged in bankruptcy.
If you are asked to agree to a voluntary legal charge either
by one of your
creditors, or if your partner asks you to sign an
agreement to a legal charge on your home, you must get legal advice first.
(b) With respect to the deferral of one or more wholly unpaid scheduled payments in a consumer credit transaction, in which the finance charge was determined
by the precomputed method, the
creditor may collect,
by agreement with the debtor either before or after default, an additional charge for each full month that any wholly unpaid scheduled payments are outstanding after the due date of each scheduled payment equal to that proportion of the finance charge which the amount of the deferred monthly scheduled payment bears to the sum of all monthly balances originally scheduled.
When that
agreement is disturbed the
creditor may legally avail themselves of remedies available under the contract and
by law.
The debt
agreement can be made with your
creditors by yourself, or through a licensed company (for a small fee).
This job will be handled
by the debt consultants who'll decide the payable amount for each and every
creditor after you start making the payments as per the modified
agreement.
You can also use these letters to set up or amend payment
agreements with
creditors, to resolve complaints about credit card purchases, and to complain to the FTC about
creditors who don't play
by the rules.
A consumer proposal is a legal
agreement between you and your
creditors, prepared
by a trustee, which restructures the way you pay unsecured debt.
To improve credit so that homeownership can become a reality, prospective homebuyers should focus on bringing any negative accounts current, either
by paying off amounts owed or coming to a repayment
agreement directly with the
creditor.
They work
by coming to an
agreement with your
creditor that lengthens the term over which you can pay back your debts.
Deals with clients in business litigation such as that between Pillsbury and the SonicBlue board may be perfectly reasonable in most situations, but in bankruptcy, where the interests of
creditors are paramount in a debtor - in - possession situation, such a deal undermines the entire process because Pillsbury could not be expected to fully pursue claims against the board if Pillsbury was potentially on the hook for any damages
by agreement.
any other thing done (or not done)
by the
creditor before or after the making of the
agreement or related
agreement.
If a partner's rights under an
agreement should prevail over
creditors, which of the options described
by the Law Commission is preferred?
By filing a bankruptcy too late, the debtor limits her options of finding a solution to her financial situation outside bankruptcy, such as by negotiating a voluntary restructuring agreement with creditor (s) before or shortly after an initial default becomes a potential realit
By filing a bankruptcy too late, the debtor limits her options of finding a solution to her financial situation outside bankruptcy, such as
by negotiating a voluntary restructuring agreement with creditor (s) before or shortly after an initial default becomes a potential realit
by negotiating a voluntary restructuring
agreement with
creditor (s) before or shortly after an initial default becomes a potential reality.
The words «debtor» and «
creditor» are terms defined
by s 189 (1) of the Consumer Credit Act 1974 (CCA 1974) and are to be used irrespective of whether the credit
agreement is enforceable.
a) the respondent was habitually resident in the State of origin at the time proceedings were instituted; b) the respondent has submitted to the jurisdiction either expressly or
by defending on the merits of the case without objecting to the jurisdiction at the first available opportunity; c) the
creditor was habitually resident in the State of origin at the time proceedings were instituted; d) the child for whom maintenance was ordered was habitually resident in the State of origin at the time proceedings were instituted, provided that the respondent has lived with the child in that State or has resided in that State and provided support for the child there; e) except in disputes relating to maintenance obligations in respect of children, there has been
agreement to the jurisdiction in writing
by the parties; or f) the decision was made
by an authority exercising jurisdiction on a matter of personal status or parental responsibility, unless that jurisdiction was based solely on the nationality of one of the parties.
(5) A
creditor's acceptance of a debtor's payment or performance of an obligation under or in respect of a security
agreement is an acknowledgment
by the
creditor of liability in respect of a claim
by the debtor for redemption of the collateral under the
agreement.
(4) A debtor's performance of an obligation under or in respect of a security
agreement is an acknowledgment
by the debtor of liability in respect of a claim
by the
creditor for realization on the collateral under the
agreement.
If it's a voluntary dissolution: the assets remaining after paying all the
creditors are distributed among the owners according to their ownership percentages or
by some other
agreement.
By filing a bankruptcy too late, the debtor limits her options of finding a solution to her financial situation out - side bankruptcy, such as by negotiating a voluntary re - structuring agreement with creditor (s) before or shortly after an initial default be - comes a potential realit
By filing a bankruptcy too late, the debtor limits her options of finding a solution to her financial situation out - side bankruptcy, such as
by negotiating a voluntary re - structuring agreement with creditor (s) before or shortly after an initial default be - comes a potential realit
by negotiating a voluntary re - structuring
agreement with
creditor (s) before or shortly after an initial default be - comes a potential reality.