Motion to enlarge time for filing reaffirmation agreements - NOT first motion
Overview of this form
The "Motion to enlarge time for filing reaffirmation agreements - NOT first motion" is a legal document used in bankruptcy proceedings. This motion allows debtors to request an extension for submitting reaffirmation agreements, which are contracts that keep debt obligations intact despite bankruptcy. Unlike the initial motion for reaffirmation, this form is specifically for subsequent requests for an extension.
Key parts of this document
- Case information: Includes district and case number.
- Deadline details: Original and requested extension dates for reaffirmation agreements.
- Previous motions: Record of earlier extensions and their outcomes.
- Justification: Reasons for needing additional time.
- Service certificate: Confirmation of notification to relevant parties.
When to use this document
This form is appropriate to use when a debtor has missed the original filing deadline for reaffirmation agreements and needs additional time to negotiate terms with creditors. It may also be necessary if unforeseen circumstances have delayed the filing process, such as difficulties in obtaining signatures or necessary agreements.
Who this form is for
- Debtors in a Chapter 7 bankruptcy case who require more time to negotiate reaffirmation agreements.
- Individuals who have previously filed for an extension but need to do so again.
- Legal representatives assisting debtors in bankruptcy proceedings.
How to prepare this document
- Fill in the case information, including the district and case number.
- Enter the original deadline for reaffirmation agreements and the desired extension date.
- List any previous motions for extension and their outcomes.
- Provide a detailed explanation for needing additional time, including any challenges faced.
- Include necessary contact details of your attorney, if applicable.
Does this document require notarization?
In most cases, this form does not require notarization. However, some jurisdictions or signing circumstances might. US Legal Forms offers online notarization powered by Notarize, accessible 24/7 for a quick, remote process.
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Make edits, fill in missing information, and update formatting in US Legal Forms—just like you would in MS Word.
Download a copy, print it, send it by email, or mail it via USPS—whatever works best for your next step.
Sign and collect signatures with our SignNow integration. Send to multiple recipients, set reminders, and more. Go Premium to unlock E-Sign.
If this form requires notarization, complete it online through a secure video call—no need to meet a notary in person or wait for an appointment.
We protect your documents and personal data by following strict security and privacy standards.
Common mistakes to avoid
- Failing to include the original deadline for reaffirmation agreements.
- Not providing sufficient justification for the requested extension.
- Overlooking to certify service to the necessary parties.
Why use this form online
- Convenience: Download and complete the form at your own pace.
- Editability: Easily fill in the necessary information without the hassle of paper forms.
- Reliability: Access attorney-drafted templates that meet legal standards.
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FAQ
If you reaffirm a debt and then fail to pay it, you owe the debt the same as though there was no bankruptcy. The debt will not be discharged, and the creditor can take action to recover any property on which it has a lien or mortgage. The creditor can also take legal action to recover a judgment against you.
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.
Creditors frequently do not automatically generate reaffirmation agreements. Sometimes creditors may not even file a reaffirmation agreement even after you have signed and returned the agreement to them.
Can you file a reaffirmation agreement after discharge? Once a discharge order has been entered in your bankruptcy case, you can no longer reaffirm any of the debts included in the discharge agreement. The same goes for if your case has been closed by the court.
If the reaffirmation agreement is not filed with the bankruptcy court prior to the discharge date, it may be ineffective and the bankruptcy court can deny approval of the reaffirmation agreement altogether.
An executed reaffirmation agree- ment may be filed by any party, including the debtor or a creditor. It must be filed within 60 days after the first date set for the first meeting of creditors in the bankruptcy case unless the deadline is extended by the bankruptcy court.
Reaffirmation Date: official declaration that a University Policy has been reviewed by the Responsible Executive, with no changes made, and remains in effect ? this date should be noted on the last page of each policy document.
