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New Jersey Reaffirmation Agreement

New Jersey Reaffirmation Agreement

Name: New Jersey Reaffirmation Agreement
Brand: US Legal Forms
Price: 59.00 USD
Rating: 4.63 (335 reviews)

Category:

New Jersey Bankruptcy - Reaffirmation

State:

New Jersey

Control #:

NJ-BKR-801

Format:

Instant download

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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

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.

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.

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.

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.

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.

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.

New Jersey Reaffirmation Agreement

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FAQ

What happens if I did not reaffirm my mortgage?

Can you negotiate a reaffirmation agreement?

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

Can I keep my car without reaffirming?

Can I sell my house if I did not reaffirm?

Do I have to sign a reaffirmation agreement?

Does a creditor have to accept a reaffirmation agreement?

What happens if a reaffirmation agreement is denied?

What is a reaffirmation agreement in a Chapter 7?

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