Texas Motion For Approval of Reaffirmation Agreement
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FAQ
Typically, a reaffirmation agreement is used for secured debt, most commonly associated with a mortgage on real property or a security interest in an automobile. Although it is uncommon, there is no prohibition against a debtor reaffirming an unsecured debt.
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.
If I deny the motion to reaffirm the debt, you are under no legal responsibility to pay the creditor, but the creditor can seek to repossess the collateral (if there is any). However the creditor cannot obtain a judgment against you for the amount you owe on this debt.
The deadline to cancel a reaffirmation agreement is the later of these two dates: 60 days after the date the agreement is filed with the Court; or ? the date the Bankruptcy Court issues a discharge in your case.
There are no debt limits for Chapter 7 cases, and this form of bankruptcy may allow all unsecured debts to be completely eliminated. However, a debtor will likely need to turn over certain non-exempt assets to the bankruptcy trustee, who will liquidate these assets and make payments to creditors.
You or your creditor must file with the court the original of this Reaffirmation Documents packet and a completed Reaffirmation Agreement Cover Sheet (Official Bankruptcy Form 27).
No creditor can make you reaffirm a debt. This is because a reaffirmation goes against the most basic upside of filing bankruptcy: the fresh start. You cannot be sent to collections, sued, or garnished on a debt that was discharged in bankruptcy.
A Chapter 7 bankruptcy will generally discharge your unsecured debts, such as credit card debt, medical bills and unsecured personal loans. The court will discharge these debts at the end of the process, generally about four to six months after you start.
