The reaffirmation agreement is used to reaffirm a particular debt. Once the debtor signs the agreement, the debtor gives up any protection of the bankruptcy discharge against the particular debt. The debtor is not required to enter into this agreement by any law. This document also contains a declaration of attorney.
Reaffirmation Agreement Bankruptcy Form
Category:
State:
South Dakota
Control #:
SD-BKR-801
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Word;
PDF;
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How to fill out South Dakota Reaffirmation Agreement - Secured Debt?
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: to affirm (something) again especially so as to strengthen or confirm reaffirming the defendant's innocence reaffirm the validity of a debt a story that reaffirmed her belief in the goodness of humanity.
In order to be able to enter into a reaffirmation agreement you need to be current on your payments, and any equity in the property must be fully protected by your exemptions. Typically reaffirmation agreements in chapter 7 cases are for a car.
Example of ReaffirmationHe has depleted his savings and is unable to make his mortgage payments. John arranges with his mortgage company a reaffirmation that is approved in court. He reaffirms the debt he owes on the home mortgage, with a chance to renegotiate payments with the lender.
You can choose to keep the car and continue paying without reaffirming. You take your chances that the lender will repossess the car, but you also keep the benefits of the bankruptcy discharge.
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.