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Credit counseling negotiations under � 502(k)

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    Credit counseling negotiations under � 502(k)

    (k) states:
    (1) The court, on the motion of the debtor and after a hearing, may reduce a claim filed under this section based in whole on an unsecured consumer debt by not more than 20 percent of the claim, if--

    ....(A) the claim was filed by a creditor who unreasonably refused to negotiate a reasonable alternative repayment schedule proposed on behalf of the debtor by an approved nonprofit budget and credit counseling agency described in section 111;

    ....(B) the offer of the debtor under subparagraph (A)--

    ........(i) was made at least 60 days before the date of the filing of the petition; and

    ........(ii) provided for payment of at least 60 percent of the amount of the debt over a period not to exceed the repayment period of the loan, or a reasonable extension thereof; and

    ....(C) no part of the debt under the alternative repayment schedule is nondischargeable.

    (2) The debtor shall have the burden of proving, by clear and convincing evidence, that--

    ....(A) the creditor unreasonably refused to consider the debtor's proposal; and

    ....(B) the proposed alternative repayment schedule was made prior to expiration of the 60-day period specified in paragraph (1)(B)(i).
    DISCLAIMER: I am not an attorney. My posts are not legal advice. They are for information only. Please feel free to use them in an academic sense, as I simply wish to share with you what I have learned/researched.

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