Pennsylvania 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

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.

A reaffirmation agreement allows you to retain a specific asset (commonly a house or car) during bankruptcy in exchange for agreeing to pay the outstanding debt. If you would like to request a reaffirmation agreement, you must submit a Statement of Intent to the court and contact the lender to establish terms.

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.

A debtor may enter into a reaffirmation agreement in order to take a debt owed on an automobile (for example) and agree to remove that debt from being dischargeable. This is the case for many debtors who want to desire to keep their vehicle even though money is still owed on the car loan.

Agreeing to repay the excess loan amount in ance with the terms of the promissory note is called ?reaffirmation.? You can reaffirm an excess loan amount by signing a reaffirmation agreement with your loan servicer.

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.

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.

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 ...

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Pennsylvania Reaffirmation Agreement, Motion and Order