Reaffirmation Agreement Form Withdraw

State:
Mississippi
Control #:
MS-BKR-801S
Format:
Word; 
PDF; 
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Description

The Reaffirmation Agreement Form Withdraw is a critical document utilized in bankruptcy cases, particularly under Chapter 7 of the United States Bankruptcy Code. This form serves to establish a debtor's commitment to pay a specific debt, even after filing for bankruptcy, which may otherwise be discharged. Key features of the document include sections for listing the creditor's information, the reaffirmation amount, security details, and monthly payment obligations. It also includes a notice to debtors stating that entering this agreement is not compulsory and can be rescinded within a designated time frame. For attorneys, partners, owners, associates, paralegals, and legal assistants, the form is pivotal as it ensures that debtors understand the legal consequences of reaffirmation, providing guidance through the negotiations involved. Proper filling and editing of the form require careful attention to detail to ensure the accurate reflection of the agreement made between the debtor and creditor. This form is particularly useful in situations where a debtor wishes to retain certain secured debts, such as mortgages or car loans, while undergoing bankruptcy proceedings. By using this form, legal professionals can make informed decisions and support clients in their financial restructuring efforts.

How to fill out Mississippi Reaffirmation Agreement?

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FAQ

To cancel a reaffirmation agreement, you must notify the creditor. It is a good idea to notify the creditor in writing via certified mail with a return receipt postcard so you have proof that you have rescinded the agreement.

Reaffirming the debt gives it new life -- you're once again legally obligated to pay it. If you don't make the mortgage payments, the lender can foreclose and your bankruptcy won't stop this from happening. You'd also still be liable for any deficiency balance after the property's sale.

When you reaffirm a debt, it means you enter into an agreement with your lender to continue to making payments on the account rather than including it in your bankruptcy.

Effect of a reaffirmation agreement. However, if you default on the payments, the lender can repossess it and sell it at auction, and you'll be responsible for any remaining balance due under the loan agreement (called a deficiency balance), as well as auction fees.

CHAPTER 7 BANKRUPTCY: RESCINDING REAFFIRMATION AGREEMENT This means that your mortgage debt will not be discharged in the bankruptcy and you will be liable for the debt. But it also means that you will get to continue living in your house.

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Reaffirmation Agreement Form Withdraw