Louisiana Reaffirmation Agreement, Motion and Order

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

A Louisiana Reaffirmation Agreement, Motion, and Order are legal documents that pertain to the process of reaffirming a debt in the state of Louisiana. These documents are commonly used in bankruptcy proceedings, where a debtor wishes to continue paying off a specific debt rather than having it discharged through the bankruptcy process. The Louisiana Reaffirmation Agreement is a contract between the debtor and the creditor, which states that the debtor intends to keep paying the debt even after filing for bankruptcy. This agreement must be approved by the bankruptcy court to ensure its legality and fairness to both parties involved. It outlines the terms of the repayment, including the amount, interest rate, and duration of the payments. The Louisiana Reaffirmation Motion is a formal request made by the debtor's attorney to the bankruptcy court. The motion requests the court's permission to enter into a reaffirmation agreement with a specific creditor. This motion includes supporting documents, such as the reaffirmation agreement itself, financial disclosures, and any other relevant information that may assist the court in making a decision. The Louisiana Reaffirmation Order is a ruling issued by the bankruptcy court after reviewing the motion and the reaffirmation agreement. If the court determines that the reaffirmation is in the best interest of the debtor and is compliant with bankruptcy laws, it will issue an order allowing the debtor to proceed with the reaffirmation. This order contains specific instructions for both the debtor and the creditor regarding the terms and conditions of the reaffirmation agreement. Different types of Louisiana Reaffirmation Agreements, Motions, and Orders may vary based on the specific debt being reaffirmed. These agreements can involve various types of debts, such as car loans, mortgages, credit cards, or personal loans. The content of the agreements, motions, and orders may differ slightly depending on the nature of the debt, but the overarching purpose remains the same — to provide a legal framework for the debtor to continue repaying a specific debt despite filing for bankruptcy. Keywords: Louisiana Reaffirmation Agreement, Louisiana Reaffirmation Motion, Louisiana Reaffirmation Order, bankruptcy, debt, creditor, debtor, legal documents, repayment terms, reaffirmation process, court approval, financial disclosures, bankruptcy laws, car loans, mortgages, credit cards, personal loans.

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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.

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.

After you have entered into a reaffirmation agreement and all parts of this form that require a signature have been signed, either you or the creditor should file it as soon as possible.

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.

Creditors holding a security interest that they want to protect post-bankruptcy will request that a Reaffirmation Agreement is signed. They will prepare it and provide it to your attorney's office for review.

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.

Reaffirming puts you personally on the hook for the debt, even after your discharge. The Court may not approve the reaffirmation if it is not in your best interest. The agreement is voluntary for you and for the creditor?the creditor may refuse to offer a reaffirmation.

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.

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Reaffirmation Agreement (B240) Cases Filed Prior to 10/17/2005 · Statement Under ... Forms Overview. Open form directly on website; Fill out fields in form; Use ... You may rescind (cancel) this agreement at any time before the bankruptcy court enters a discharge order or within 60 days after this agreement is filed ...... the court and the parties to determine the propriety of the agreement. Approval of the motion would not entail a separate order of the court. An ... The reaffirmation agreement shall be accompanied by a cover sheet, prepared as prescribed by the appropriate Official Form. The court may, at any time and in ... The attorney's declaration under Bankruptcy Code Section. 524 that a reaffirmation agreement imposes no “undue hardship” upon the debtor client has always ... ... file Form 240B - Order on Reaffirmation Agreement.] Name of Creditor ... ] MOTION FOR COURT APPROVAL OF REAFFIRMATION AGREEMENT I (we), the debtor(s), affirm ... agreement is because reaffirmation agreements are hardly ever for the debtor's ... judgment or order), a motion for leave to appeal must also be filed;232. 4. If ... When a person files for bankruptcy, they do so in order to be relieved of a debt burden they cannot pay. By entering into a reaffirmation agreement, a ... ... the Louisiana Uniform Abuse Prevention Order forms, mandated for use under La. ... fill them out on the screen prior to printing.

NOTE:  ... Feb 8, 2019 — A bankruptcy filer can agree to repay a debt by entering a reaffirmation agreement with a creditor. However, the creditor must file the ...

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Louisiana Reaffirmation Agreement, Motion and Order