Reaffirmation Agreement

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A debtor in a bankruptcy case may decide to remain legally obligated to pay a debt that would otherwise be discharged in bankruptcy.  This is called reaffirming a debt.  Reaffirming a debt is voluntary; debtors are not required to reaffirm any debt. 

The reaffirmation of a debt is governed by 11 U.S.C. § 524(c), (d), and (k).  A Reaffirmation Agreement is enforceable only if it complies with these Bankruptcy Code provisions.  For example, any agreement to reaffirm a dischargeable debt must be entered into before the debtor receives a discharge.

Instructions for filling out a Reaffirmation Agreement form are avaialble here.

Debtors who are NOT represented by an attorney MUST also file a Motion for Approval of Reaffirmation Agreement.  Upon receipt of the motion for approval, a hearing will be set and notice of that hearing will be mailed to the debtor and the creditor.  The Debtor MUST attend the hearing to have the reaffirmation agreement approved.