LD 1035
pg. 1
LD 1035 Title Page An Act To Protect Reorganized Businesses LD 1035 Title Page
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LR 1547
Item 1

 
Be it enacted by the People of the State of Maine as follows:

 
Sec. 1. 11 MRSA §9-1600 is enacted to read:

 
§9-1600.__Delay of foreclosure following bankruptcy

 
Notwithstanding any agreement or law to the contrary, a
secured party may not initiate judicial proceedings to
foreclose a secured interest, take possession of collateral
used as security or otherwise enforce rights against such
collateral until at least 180 days after the conclusion of a
proceeding regarding the creditor under chapter 11 or chapter
13 of the United States Bankruptcy Code, 11 United States
Code.__This section applies only if the debtor is in default
for less than 90 days.

 
Sec. 2. 14 MRSA §6200 is enacted to read:

 
§6200.__Delay of foreclosure following bankruptcy

 
Notwithstanding any other law, a secured party may not take
any action under this chapter to foreclose a mortgage secured
by real property until at least 180 days after the conclusion
of a proceeding regarding the mortgagor under chapter 11 or
chapter 13 of the United States Bankruptcy Code, 11 United
States Code.__This section applies only if the mortgagor is in
default for less than 90 days.

 
SUMMARY

 
This bill prohibits a secured creditor from foreclosing on
real estate or other property used as collateral for at least
180 days after the conclusion of "chapter 11" or "chapter 13"
bankruptcy proceedings relating to the creditor under the
United States Bankruptcy Code. This delay allows the business
or individual time to stabilize the finances of the person or
business.


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