Central District Consumer Bankruptcy Attorney's Association

Prohibited by the code:
365
(e)(1) Notwithstanding a provision in an executory contract or unexpired
lease, or in applicable law, an executory contract or unexpired lease of
the debtor may not be terminated or modified, and any right or obligation
under such contract or lease may not be terminated or modified, at any time
after the commencement of the case solely because of a provision in such
contract or lease that is conditioned on
(A) the insolvency or financial condition of the debtor at any time before
the closing of the case;
(B*) the commencement of a case under this title*; or
Before the Code, creditors would require a debtor to file a 13 to buy
stuff, so wages turned over to a trustee and sent to creditor.
d
On Mon, Feb 18, 2013 at 3:00 PM, Desiree Causey wrote:
> **
>
>
> I have PC who needs a bankruptcy. He did not have his complete paperwork
> with him, but he has a recollection that in connection with large
> commercial loan, he gave a covenant to not personally file bankruptcy. My
> recollection is that such a personal covenant to not file BK is not
> enforceable. Does anyone have the case law on this?****
>
> ** **
>
> * *
>
> Desiree Causey, Esq.****
>
> Law Office of Desiree Causey****
>
> 17011 Beach Blvd., Suite 900****
>
> Huntington Beach, CA 92647****
>
> ** **
>
> 714-375-6663****
>
> 714-908-7646 (fax)****
>
> ** **
>
> ** **
>
>
>
Prohibited by the code:365(e)(1) Notwithstanding a provision in an executory contract or unexpired lease, or in applicable law, an executory contract or unexpired lease of the debtor may not be terminated or modified, and any right or obligation under such contract or lease may not be terminated or modified, at any time after the commencement of the case solely because of a provision in such contract or lease that is conditioned on
(A) the insolvency or financial condition of the debtor at any time before the closing of the case;(B) the commencement of a case under this title; or
Before the Code, creditors would require a debtor to file a 13 to buy stuff, so wages turned over to a trustee and sent to creditor.
The post was migrated from Yahoo.

I have PC who needs a bankruptcy. He did not have his complete paperwork
with him, but he has a recollection that in connection with large commercial
loan, he gave a covenant to not personally file bankruptcy. My recollection
is that such a personal covenant to not file BK is not enforceable. Does
anyone have the case law on this?
Desiree Causey, Esq.
Law Office of Desiree Causey
17011 Beach Blvd., Suite 900
Huntington Beach, CA 92647
714-375-6663
714-908-7646 (fax)

The post was migrated from Yahoo.