Debt Settlement Contract Template for Philippines

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Key Requirements PROMPT example:

Debt Settlement Contract

"I need a Debt Settlement Contract for my company to settle a PHP 5 million business loan with ABC Bank for a one-time payment of PHP 3.5 million to be paid by March 15, 2025, with standard default provisions and confidentiality clauses."

Document background
The Debt Settlement Contract is a crucial legal instrument used in the Philippines when parties wish to resolve outstanding debt obligations through a mutually agreed reduced payment arrangement. This document becomes necessary when a debtor cannot fulfill their original debt obligations and the creditor is willing to accept a lesser amount as full settlement. The contract must comply with the Civil Code of the Philippines, the Truth in Lending Act, and relevant BSP regulations. It typically includes details of the original debt, the agreed settlement amount, payment terms, consequences of default, and releases of claims. The document is particularly relevant in post-pandemic recovery, corporate restructuring, or personal financial hardship situations where maintaining business relationships while resolving debt issues is crucial. Its proper execution provides legal certainty and protection for all parties involved, while potentially avoiding more costly litigation or bankruptcy proceedings.
Suggested Sections

1. Parties: Identification of the debtor and creditor, including complete legal names, addresses, and tax identification numbers

2. Background: Details of the original debt, including date incurred, original amount, current outstanding balance, and reason for settlement

3. Definitions: Key terms used throughout the agreement including 'Settlement Amount', 'Payment Schedule', 'Default', etc.

4. Settlement Terms: Clear statement of the agreed settlement amount and percentage of original debt being forgiven

5. Payment Terms: Detailed payment schedule, including amounts, dates, and method of payment

6. Representations and Warranties: Statements by both parties confirming their authority to enter into the agreement and the accuracy of debt information

7. Default Provisions: Consequences of missing payments or breaching the agreement, including reinstatement of original debt amount

8. Release of Claims: Mutual release of claims upon completion of settlement payments

9. Governing Law: Specification that Philippine law governs the agreement

10. Execution: Signature blocks and notarization requirements

Optional Sections

1. Collateral: Required when specific assets are pledged as security for the settlement payments

2. Multiple Creditor Provisions: Needed when settlement involves multiple creditors and their priority rights

3. Tax Implications: Advisory section on tax consequences of debt forgiveness when settlement amount is significantly lower than original debt

4. Acceleration Clause: Optional provision allowing early payment of the settlement amount

5. Confidentiality: Required when parties wish to keep settlement terms private

6. Insurance Requirements: Needed when settlement requires debtor to maintain specific insurance coverage

7. Dispute Resolution: Alternative dispute resolution procedures if parties wish to avoid court litigation

Suggested Schedules

1. Schedule A - Original Debt Documentation: Copies of original loan agreements, promissory notes, or other debt instruments

2. Schedule B - Payment Schedule: Detailed breakdown of payment amounts, dates, and methods

3. Schedule C - Collateral Details: Description and documentation of any assets used as collateral

4. Appendix 1 - Debt Calculation: Detailed calculation of current debt amount including principal, interest, and any penalties

5. Appendix 2 - Settlement Calculation: Breakdown of settlement amount and forgiven amount

6. Appendix 3 - Required Notices: Templates for default notices and other required communications

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

Relevant legal definitions
Relevant Industries

Banking & Financial Services

Real Estate

Consumer Lending

Commercial Lending

Retail

Construction

Manufacturing

Professional Services

Healthcare

Education

Agriculture

Technology

Relevant Teams

Legal

Finance

Credit Control

Collections

Risk Management

Treasury

Compliance

Corporate Recovery

Accounts Receivable

Debt Management

Relevant Roles

Credit Manager

Collections Officer

Finance Director

Chief Financial Officer

Accounts Receivable Manager

Legal Counsel

Debt Recovery Specialist

Risk Manager

Treasury Manager

Financial Controller

Credit Analyst

Debt Settlement Negotiator

Compliance Officer

Banking Officer

Corporate Recovery Specialist

Industries
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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