Reaffirmation Agreement

Rev. 05/06/19

REAFFIRMATION AGREEMENT

 
Overview:

A reaffirmation agreement is a new contract signed between the debtor and creditor that reaffirms the debtor’s personal liability for an obligation/debt that would otherwise be discharged.  Reaffirmation agreements should be filed no later than 60 days after the first date set for the meeting of creditors and must be accompanied by Official Form 427 and LBF 4008-1(a), or similar document that substantially conforms with LBF 4008-1(a).

This filing should be accompanied by a motion for approval (pro se/filed without counsel or certification of counsel (if filed by attorney on behalf of debtor)), Official Form 427, and LBF 4008-1(a) or similar document that substantially conforms to LBF 4008-1(a).

The Reaffirmation Agreement is with a Credit Union and debtor(s) attorney signed the certification page of the agreement, the reaffirmation agreement becomes effective upon filing with the court. All other reaffirmation agreements will be reviewed by chambers to determine if undue hardship exists and whether to schedule for hearing or approve agreement.
 

Codes, Rules and Forms:

Bankruptcy Code:

524(c)

Bankruptcy Rule:

4008

Local Rule:

4008-1

Local Form:

4008-1(a)

Official Form:

427

 

CM/ECF Event(s):
 
            Miscellaneous, Reaffirmation Agreement
            Motions/Applications, Approval of Reaffirmation Agreement