Debt Compromise Agreement Generator for the USA

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Key Requirements PROMPT example:

Debt Compromise Agreement

"I need a Debt Compromise Agreement to settle a $50,000 business loan for 70% of the original amount, with monthly installments starting March 2025, and I want to ensure the settlement is reported correctly to credit bureaus."

Document background
The Debt Compromise Agreement serves as a critical tool in debt resolution scenarios where both parties seek to avoid litigation or bankruptcy proceedings. This document is commonly used when a debtor cannot fulfill their original debt obligations but can offer a partial payment that the creditor is willing to accept as full satisfaction. The agreement must comply with various U.S. federal regulations including the Fair Debt Collection Practices Act and state-specific debt collection laws. It typically includes details of the original debt, the compromised amount, payment terms, and releases, while addressing tax implications and credit reporting considerations.
Suggested Sections

1. Parties: Identifies and defines the creditor and debtor

2. Background: Details the original debt and circumstances leading to compromise

3. Definitions: Defines key terms used throughout the agreement

4. Original Debt Amount: States the original amount owed and its origins

5. Compromise Amount: Specifies the agreed-upon settlement amount

6. Payment Terms: Details the payment schedule and methods of payment

7. Release Provisions: Specifies terms of debt release upon payment completion

Optional Sections

1. Tax Implications: Section detailing potential tax consequences of debt forgiveness when amount exceeds $600

2. Credit Reporting: Section specifying how the compromise will be reported to credit bureaus

3. Default Provisions: Section outlining consequences of payment default and remedies available

Suggested Schedules

1. Payment Schedule: Detailed breakdown of payment dates and amounts

2. Original Debt Documentation: Copies of original debt agreements or statements

3. Proof of Authority: Documentation proving authority to settle debt (if applicable)

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Industries

Fair Debt Collection Practices Act (FDCPA): Federal law that prohibits debt collectors from using abusive, unfair, or deceptive practices to collect debts and sets standards for debt collection practices

Fair Credit Reporting Act (FCRA): Federal law governing the collection, dissemination, and use of consumer credit information, including how debt settlements are reported to credit bureaus

Truth in Lending Act (TILA): Federal law requiring lenders to provide standardized, clear disclosure about credit terms and costs

Consumer Credit Protection Act: Federal law providing a comprehensive framework for consumer credit rights and protections

Bankruptcy Code: Federal laws governing bankruptcy proceedings and their impact on debt compromise agreements

State Debt Collection Laws: State-specific regulations governing debt collection practices and procedures, which may provide additional protections beyond federal law

State Consumer Protection Laws: State-specific laws protecting consumers from unfair or deceptive practices in debt settlement and collection

State Statute of Limitations: State-specific time limits for bringing legal action to collect a debt

State Usury Laws: State-specific regulations governing maximum interest rates and charges that can be imposed on debts

State Contract Laws: State-specific requirements for valid contract formation, execution, and enforcement

IRC Section 108: Internal Revenue Code section governing the tax implications of debt forgiveness and cancellation

IRS Form 1099-C Requirements: Federal tax reporting requirements for cancelled debt, which may need to be addressed in the agreement

UCC Article 3: Uniform Commercial Code provisions governing negotiable instruments and their transfer

UCC Article 9: Uniform Commercial Code provisions governing secured transactions and creditor rights

Statute of Frauds: Legal doctrine requiring certain contracts to be in writing to be enforceable

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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