This form, a Motion to Approve Reaffirmation Agreement, is for use in a federal bankruptcy proceeding in the designated state and district. Available in Word or pdf format.
Kentucky Motion to Approve Reaffirmation Agreement
Category:
State:
Kentucky
Control #:
KY-BKR-808E
Format:
Word;
PDF;
Rich Text
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FAQ
A reaffirmation agreement is a form that Direct Lending sends to you to let you know that you have been inadvertently over-awarded in Federal Direct Subsidized or Unsubsidized aggregate loan limit totals.
Either way - if the reaffirmation agreement is not approved, your personal liability is discharged. And - just like when the court denies approval of the reaffirmation - most lenders will simply keep everything the same, as long as you make timely payments and keep the vehicle insured.
When making an offer on a reaffirmation agreement, ask the lender to reduce the loan balance and the interest rate. Remember, this is a negotiation. You can expect the lender to come back with a counter offer. So, make your starting offer lower than the amount you are really willing to pay.
By contrast, a reaffirmation agreement is a new contract. It's often on the same terms as the prior contract, but you can try to negotiate a new payment amount, interest rate, or some other provision.
Reaffirmation agreements are strictly voluntary. A debtor is not required to reaffirm any of his or her debts. If a debtor signs a reaffirmation agreement, the debtor agrees to pay a debt that otherwise might be discharged in his or her bankruptcy case.
If you don't sign a reaffirmation agreement, the lender can repossess your car after your case closes and the automatic stay lifts. Some car lenders are known to repossess the car immediately, even if you are current on payments.
A reaffirmation agreement needs to be filed with the court to show written acceptance of the new debt. These agreements are generally drafted and filed by counsel for the creditor.
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.
Reaffirmation is voluntary Surrender may be the best thing if the car is simply too expensive or isn't reliable. 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.