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Reaffirmation Agreement...

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Name: Reaffirmation Agreement, Motion and Order
Brand: US Legal Forms
Price: 59.00 USD
Rating: 4.65 (422 reviews)

Category:

Bankruptcy - Reaffirmation

State:

Multi-State

Control #:

US-B-240

Format:

Instant download

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Public form

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

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.

Reaffirming Helps Rebuild Your Credit So timely payments won't help you establish a good credit history after bankruptcy. If you reaffirm the loan, your lender will continue reporting payments.

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.

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.

Yes, you can sell the home. The effect of no reaffirmation is that you do not have a personal obligation to pay the mortgage. You still are the titled owner and the mortgage is still a lien on the property so it must be paid in order to sell the property.

If you do not reaffirm the mortgage, your personal liability for paying the debt represented by the promissory note is discharged in your bankruptcy case.The company can foreclose the mortgage and force a foreclosure sale if you stop making payments.

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.Reaffirming a debt imposes ongoing obligations on a debtor to make payments and may have significant financial consequences.

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FAQ

Can you negotiate a reaffirmation agreement?

Does reaffirming help credit?

Can I keep my car without reaffirming?

What happens if you don't sign a reaffirmation agreement?

Can I sell my house if I did not reaffirm?

What happens if you don't reaffirm your mortgage?

How does a reaffirmation agreement work?

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