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Louisiana Reaffirmation Agreement

Bkr Law

Name: Louisiana Reaffirmation Agreement
Brand: US Legal Forms
Price: 59.00 USD
Rating: 4.71 (350 reviews)

Category:

Louisiana Bankruptcy - Reaffirmation

State:

Louisiana

Control #:

LA-BKR-801E

Format:

Instant download

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Public form

Description What Happens If You Don't Sign A Reaffirmation Agreement

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.

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How to fill out Louisiana Reaffirmation Agreement?

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FAQ

A reaffirmation must be filed with the Court before discharge. Once discharge has been entered, it is too late to reaffirm a debt. Theoretically you would have to reopen the bankruptcy, set aside your discharge, and then reaffirm the debt, then get your discharge reentered, and close the case.

To reaffirm a car loan, you must be able to show the court that the vehicle is necessary and that the payment is reasonable. You must also be able to show that the car payment isn't an undue hardship on your household (you'll still be able to afford the necessities of life). Effect of a reaffirmation agreement.

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.

To reaffirm a debt, you and the creditor agree to the terms of the new debt in a written reaffirmation agreement, which is filed with the court. You must file two court forms: Form 27 (the reaffirmation cover sheet) and Form 240A (the reaffirmation agreement itself.)

Reaffirmation agreements are strictly voluntary. A debtor is not required to reaffirm any of his or her debts. 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.

Reaffirmation agreements, although required by the bankruptcy laws for every secured debt that the debtor will continue to pay, are often not necessary in practice. This is because the only penalty for failure to sign the reaffirmation is that the creditor might repossess the collateral securing the loan.

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.

Reaffirmation is the process wherein you agree to remain responsible for a debt so that you can keep the property securing the debt (collateral). You and the lender enter into a new contractusually on the same termsand submit it to the bankruptcy court.

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.

Bkr Law

Description What Happens If You Don't Sign A Reaffirmation Agreement

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How to fill out Louisiana Reaffirmation Agreement?

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FAQ

How do I reaffirm my mortgage after Chapter 7?

How do I reaffirm my car loan?

What happens when you don't reaffirm your mortgage?

How do you write a reaffirmation agreement?

Is a reaffirmation agreement necessary?

Should I sign a reaffirmation agreement?

Can I keep my car without reaffirming?

How do I reaffirm a Chapter 7?

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

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