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From Wikipedia, the free encyclopedia. A reaffirmation agreement in United States bankruptcy law refers to an agreement made between a creditor and the debtor that waives discharge of a debt that would otherwise be discharged in the pending bankruptcy proceeding.
If you do not reaffirm a debt and the creditor repossesses the collateral, they cannot hold you liable for the deficiency. This is because the debt was discharged in bankruptcy and was never reaffirmed. If you do not sign a reaffirmation agreement, making on time payments will not help your credit score.
The Last Minute or Late Reaffirmation. Additionally, a reaffirmation must be filed with the court before a bankruptcy discharge is granted. Generally, a chapter 7 discharge is granted about 90 days after the initial papers (called the bankruptcy petition) are filed with the court.
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.)
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.
As a promise to pay that debt, a debtor must enter into a reaffirmation agreement with the creditor. Reaffirmations are voluntary and not required by law. It is recommended that the debtor carefully consider whether or not the agreed upon payments can be made before entering into a reaffirmation agreement.
If you do not reaffirm a debt and the creditor repossesses the collateral, they cannot hold you liable for the deficiency. This is because the debt was discharged in bankruptcy and was never reaffirmed. If you do not sign a reaffirmation agreement, making on time payments will not help your credit score.
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.
The discharge only applies to debts that arose before the filing of your bankruptcy case. Certain debts can not be discharged in a chapter 7 or a chapter 13 bankruptcy case. You are not required to reaffirm any debt or sign any agreement regarding a debt that has been or will be discharged in your bankruptcy case.
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.
A reaffirmation agreement with a mortgage lender means you agree to keep up payments, and that the court will not discharge the loan. Since the lender will still have a lien on the property, however, you risk foreclosure if you cease payments after the bankruptcy, with or without a reaffirmation agreement.
A reaffirmation agreement is a contract that takes a certain debt outside of bankruptcy. If you sign a reaffirmation agreement with a secured creditor, then they will usually report your payments to the credit bureaus after the bankruptcy.
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're facing serious debt problems, filing for bankruptcy can be a powerful remedy. It stops most collection actions, including telephone calls, wage garnishments, and lawsuits (with some exceptions). It also eliminates many types of debt, including credit card balances, medical bills, personal loans, and more.
Filing for bankruptcy has a bad reputation in many circles due to the fact that it damages your credit and involves discharging debts that will likely never be repaid. Filing bankruptcy to discharge credit card debt at 29% interest would not be considered bad by most people.
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