Georgia Reaffirmation Agreement, Motion and Order

State:
Multi-State
Control #:
US-B-240
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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.

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FAQ

A reaffirmed debt remains your personal legal obligation to pay. Your reaffirmed debt is not discharged in your bankruptcy case. That means that if you default on your reaffirmed debt after your bankruptcy case is over, your creditor may be able to take your property or your wages.

A reaffirmation agreement is an agreement between a chapter 7 debtor and a creditor that the debtor will pay all or a portion of the money owed, even though the debtor has filed bankruptcy. In return, the creditor promises that, as long as payments are made, the creditor will not repossess or take back its collateral.

What is a Motion for Relief From Stay? A motion for relief from automatic stay, also known as a stay relief motion, is something a creditor requests from the bankruptcy court. They essentially ask the court for permission to continue certain collection actions against you.

Some of the benefits of a reaffirmation agreement include the following: You secure your interest rate and payment. After a Chapter 7 bankruptcy, obtaining a car loan isn't impossible. Still, your interest rates will be high, and you will likely only be able to obtain financing through a subprime lender.

Making a reaffirmation agreement can be helpful if you want to stay in your home or you need to keep driving your car during a bankruptcy settlement. However, this type of agreement means you are still responsible for some sort of payment on the loan.

Reaffirmation is an agreement by a debtor, to a lender, to repay some or all of their debt. Debtors make reaffirmation agreements purely voluntarily. When a borrower reaffirms a debt, this is noted by credit reporting agencies, which then register that the person will make regular on-time payments.

In this article, you'll learn that lenders sometimes agree to new terms when completing a reaffirmation agreement, including lowering the amount owed, interest rate, or monthly payment. A local bankruptcy lawyer can help you with the negotiation process.

Opting for a reaffirmation agreement can be helpful if you need to keep your home, car or some other asset. That's an especially salient point since bankruptcies stay on your credit report for up to 10 years. During that time, it'll be harder to apply for new credit, such as personal loans, mortgages or auto loans.

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Georgia Reaffirmation Agreement, Motion and Order