Nebraska Reaffirmation Agreement, Motion and Order
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FAQ
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.
You may rescind (cancel) your Reaffirmation Agreement at any time before the bankruptcy court enters your discharge, or during the 60-day period that begins on the date your Reaffirmation Agreement is filed with the court, whichever occurs later.
To cancel a reaffirmation agreement, you must notify the creditor. It is a good idea to notify the creditor in writing via certified mail with a return receipt postcard so you have proof that you have rescinded the agreement.
For example, if a debtor reaffirms a car loan for $15,000 and the car securing the loan is worth $8,000, then, if the debt or defaults, the creditor may repossess the car and the debtor may still be liable to the creditor for $7,000 (the difference between the amount of the l oan and the value of the car at the time it ...
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.
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 allows you keep any recently purchased property if you can keep up with the payments, essentially "reaffirming" in a contract that you will continue to be responsible for the debt even after the completion of your bankruptcy case.
