Who Needs Reaffirmation Agreement?
Reaffirmation Agreement is a contract between a creditor and a debtor ?oncluded after a bankruptcy case. The agreement must also be signed by the lawyer and filed with the court.
What is Reaffirmation Agreement for?
The agreement allows a debtor to continue business relationship or keep the property that was put as security for the debt. Although secured debts are also canceled after an individual files for bankruptcy, a creditor still has right to sell collateral property. To avoid it, an individual can enter into reaffirmation agreement with a lender. However, there are some disadvantages of such an agreement. First, if an individual keeps the debt and isn’t able to pay it off, a creditor can repossess the property. Secondly, after an individual has filed for bankruptcy they will have to wait for eight years before they are able to cancel the debt under Chapter 7.So, consider entering into reaffirmation agreement:
- If the property you’d like to keep is of great importance to you
- If you don’t have enough money to redeem the property
- If a creditor agrees to accept the property at its face value to cover the whole debt.
Is Reaffirmation Agreement Accompanied by Other Forms?
Besides reaffirmation agreement you must fill out two court forms, Form 27 and Form 240A.
When Is Reaffirmation Agreement Due?
Generally, reaffirmation agreement is filed with the court before an individual legally becomes bankrupt.
How Do I Fill out Reaffirmation Agreement?
Reaffirmation agreement is nine pages long. It is split into several parts each marked with a letter. Part A accounts for instructions and notices for a debtor. Part B is an actual reaffirmation agreement signed by the debtor and a creditor. Part C is for certification by debtor’s attorney. In Part D a debtor makes statement to support reaffirmation agreement. Finally, Part E stands for the motion of court approval.
Where Do I Send Reaffirmation Agreement?
Reaffirmation agreement is filed with the court where the hearing takes place and then send to the creditor. Its copy is kept by the debtor for the records.