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North Dakota Reaffirmation Agreement

North Dakota Reaffirmation Agreement

Name: North Dakota Reaffirmation Agreement
Brand: US Legal Forms
Price: 59.00 USD
Rating: 4.86 (224 reviews)

Category:

North Dakota Bankruptcy - Reaffirmation

State:

North Dakota

Control #:

ND-BKR-801

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.

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FAQ

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.

Either way - if the reaffirmation agreement is not approved, your personal liability is discharged. And - just like when the court denies approval of the reaffirmation - most lenders will simply keep everything the same, as long as you make timely payments and keep the vehicle insured.

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.

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.

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 cancel (or rescind) your reaffirmation agreement, even if a judge has already approved it. NOTE: WE STRONGLY RECOMMEND THAT YOU SPEAK WITH AN ATTORNEY TO ADVISE YOU ABOUT THE CONSEQUENCES OF CANCELLING A REAFFIRMATION AGREEMENT IN YOUR CASE.

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.

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.

North Dakota Reaffirmation Agreement

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FAQ

Can I keep my car without reaffirming?

What happens if a reaffirmation agreement is denied?

What is a reaffirmation agreement in a Chapter 7?

Can you negotiate a reaffirmation agreement?

What happens if you don't reaffirm your car loan?

Can you cancel a reaffirmation agreement?

Do you have to sign a reaffirmation agreement?

How do I reaffirm my car loan?

Does a creditor have to accept a reaffirmation agreement?

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