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From the association's viewpoint, a positive aspect is that this filing presents a position to all creditors that the association is working through its cash flow/ debt issues, so that payments can be made to retire debts albeit under terms different from the original debt terms.

Because this statute provides for the appointment of a trustee who essentially takes over the business operations of the association, the volunteer leaders of the association can learn from a knowledgeable leader about how to operate the business of the association and prevent the issues that precipitated the bankruptcy.

One disadvantage may be for association vendors that are small businesses, who depend on the original terms of their agreements to provide services to the association and its members, for their livelihoods.

Your association attorney can best review your particular situation and point out specific pros and cons for your association.

Bankruptcy-centric amendments to this answer are welcome, as are debtor-centric amendments.

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