What is a “modification of debt” in a Chapter 11 bankruptcy?
A “modification of debt” in a Chapter 11 Bankruptcy is an agreement between a debtor and a creditor that changes the terms of a debt. It is one of the key strategies used within a Chapter 11 Bankruptcy that can provide a debtor with much needed relief. In Mississippi, a modification of debt is enabled by 11 U.S.C. § 1124 which allows debtors to modify the terms of existing contracts. This could include reducing the principal, extending the repayment period, changing the interest rate, or other adjustments to the existing debt. When a debtor attempts to modify debt, they must do so in good faith and prove that it is in the best interest of all parties involved. A court will only approve a modification if it finds that the new terms are appropriate and not punitive. This means that the debtor must prove that the modification actually benefits them by allowing them to keep more of their assets. If the court approves a modification, the new terms become binding on all creditors. Overall, a “modification of debt” in a Chapter 11 Bankruptcy can be a great way for a debtor to manage their debts. Not only does it reduce the amount of money owed, it also provides relief from creditors. However, this debt relief strategy should be used with caution and only after careful consideration of all available options.
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