Motion to enlarge time for filing reaffirmation agreements - NOT first motion
Definition and meaning
A Motion to Enlarge Time for Filing Reaffirmation Agreements is a formal request submitted to the court by the debtor(s) to extend the deadline for filing reaffirmation agreements beyond the original due date. This motion is used when a debtor needs additional time to negotiate or finalize an agreement with creditors regarding their debts.
How to complete a form
To fill out the Motion to Enlarge Time for Filing Reaffirmation Agreements, follow these steps:
- Begin by entering the full case number and court information at the top of the form.
- State the reason for the request, including any relevant details surrounding the reaffirmation agreements.
- List previous motions and the corresponding dates and orders granted for extension.
- Ensure you sign and date the form, including contact information for your attorney.
Key components of the form
This motion includes several essential components:
- Case Information: The case number, chapter, and court should be clearly indicated.
- Original Deadline: Clearly state the initial deadline for filing the reaffirmation agreements.
- Previous Motions: Document any prior motions to extend deadlines related to reaffirmation agreements.
- Grounds for Request: Explain the reasons for needing more time, such as difficulties in negotiation.
Who should use this form
This form is intended for individuals who have filed for bankruptcy and need additional time to complete their reaffirmation agreements with creditors. It is typically used when the debtor is facing challenges in finalizing these agreements and requires an extension from the court.
Common mistakes to avoid when using this form
When completing the Motion to Enlarge Time for Filing Reaffirmation Agreements, be mindful of the following pitfalls:
- Filing the motion after the original deadline has passed.
- Failing to provide adequate reasoning for the extension request.
- Not including necessary signatures from the debtor and their attorney.
- Omitting details about previous motions or granted extensions.
What to expect during notarization or witnessing
If notarization is required for the Motion to Enlarge Time for Filing Reaffirmation Agreements, prepare by having valid identification available. The notary will witness your signature on the document and may ask for additional information to verify your identity.
Benefits of using this form online
Utilizing an online resource to complete your Motion to Enlarge Time for Filing Reaffirmation Agreements offers several advantages:
- Convenience: Access the form anytime and complete it at your own pace.
- Guidance: Online resources often provide step-by-step instructions to help navigate the process.
- Instant Availability: Download your completed form immediately for submission.
Form popularity
FAQ
If you reaffirm a debt and then fail to pay it, you owe the debt the same as though there was no bankruptcy. The debt will not be discharged, and the creditor can take action to recover any property on which it has a lien or mortgage. The creditor can also take legal action to recover a judgment against you.
The deadline to cancel a reaffirmation agreement is the later of these two dates: 60 days after the date the agreement is filed with the Court; or ? the date the Bankruptcy Court issues a discharge in your case.
Creditors frequently do not automatically generate reaffirmation agreements. Sometimes creditors may not even file a reaffirmation agreement even after you have signed and returned the agreement to them.
Can you file a reaffirmation agreement after discharge? Once a discharge order has been entered in your bankruptcy case, you can no longer reaffirm any of the debts included in the discharge agreement. The same goes for if your case has been closed by the court.
If the reaffirmation agreement is not filed with the bankruptcy court prior to the discharge date, it may be ineffective and the bankruptcy court can deny approval of the reaffirmation agreement altogether.
An executed reaffirmation agree- ment may be filed by any party, including the debtor or a creditor. It must be filed within 60 days after the first date set for the first meeting of creditors in the bankruptcy case unless the deadline is extended by the bankruptcy court.
Reaffirmation Date: official declaration that a University Policy has been reviewed by the Responsible Executive, with no changes made, and remains in effect ? this date should be noted on the last page of each policy document.
