Reaffirmation Agreement Form Chapter 7

State:
Multi-State
Control #:
US-B-240
Format:
PDF
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Description

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. The Motion and Order needed to implement the Agreement are included.

How to fill out Reaffirmation Agreement Form Chapter 7?

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FAQ

You and the lender enter into a new contractusually on the same termsand submit it to the bankruptcy court. Before you can enter into a reaffirmation agreement, you'll need to be current on the loan. Also, you must be able to protect all of the equity in the property with a bankruptcy exemption.

Reaffirmation agreements are entirely voluntary. No creditor can make you reaffirm a debt. This is because a reaffirmation goes against the most basic upside of filing bankruptcy: the fresh start. You cannot be sent to collections, sued, or garnished on a debt that was discharged in bankruptcy.

Reaffirmation is the process wherein you agree to remain responsible for a debt so that you can keep the property securing the debt (collateral). You and the lender enter into a new contractusually on the same termsand submit it to the bankruptcy court.

To reaffirm a car loan, you must be able to show the court that the vehicle is necessary and that the payment is reasonable. You must also be able to show that the car payment isn't an undue hardship on your household (you'll still be able to afford the necessities of life).

The reaffirmation of mortgage debts is possible in Chapter 7 bankruptcy but it's not necessary. Learn what a reaffirmation agreement is how it affects your home mortgage.

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More info

The purpose of a reaffirmation agreement is simple. The new contract will affirm that the property loan will be paid off and the debt will not be discharged through bankruptcy.Yes, You Can Keep Your Car in a Chapter 7 Through Reaffirmation! FindLaw covers debt discharge 101 when you file Chapter 7. When a bankruptcy debtor files for bankruptcy, he or she can seek a reaffirmation during Chapter 7 filings.

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Reaffirmation Agreement Form Chapter 7