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Aug 6th, 2022
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How to finish print in the Bankruptcy Agreement

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what is a reaffirmation agreement in chapter 7 bankruptcy [Music] hi im scott allison attorney in alabama and if youre new to my channel welcome thanks for checking it out if you havent already hit that subscribe button the notifications bell so you dont miss any of our upcoming videos when someone files chapter 7 bankruptcy some if not all of the debt is eliminated by the bankruptcy so certain creditors you know where you have debt that is secured by either for example a car or house that creditor may request the individual or the person whos filing bankruptcy to sign a reaffirmation agreement what is it that agreement creates a new debt its a new debt that survives the bankruptcy so if for example someone signs a reaffirmation agreement and then later defaults on their car loan their car gets repossessed there becomes a deficiency balance and that creditor can sue that individual or try to collect on that deficiency balance debt even though the person filed bankruptcy then the

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A bankruptcy discharge is the court order that wipes out your debt in bankruptcy. By Cara ONeill, Attorney University of the Pacific McGeorge School of Law.
In most chapter 7 cases, if the debtor is an individual, he or she receives a discharge that releases him or her from personal liability for certain dischargeable debts. The debtor normally receives a discharge just a few months after the petition is filed.
Under Code 365(a), the Trustee may elect to affirm and accept (assume) or terminate and surrender (reject) an executory contract or unexpired lease. Assumption requires court approval. Most courts will apply the business judgment test to determine if assumption is appropriate.
The discharge is a permanent order prohibiting the creditors of the debtor from taking any form of collection action on discharged debts, including legal action and communications with the debtor, such as telephone calls, letters, and personal contacts.
Absolute discharge: You are released from the legal obligation to repay the debts that existed on the day the Bankruptcy was filed, except for certain types of debt that will be explained to you by your LIT. Conditional discharge: You must meet certain conditions to obtain an absolute discharge.
Reaffirmation is an agreement by a debtor, to a lender, to repay some or all of their debt. Debtors make reaffirmation agreements purely voluntarily. When a borrower reaffirms a debt, this is noted by credit reporting agencies, which then register that the person will make regular, on-time payments.
Once you receive your discharge, your debts are wiped clean. However, a record of your bankruptcy, will stay on your credit report for seven years for the first time bankrupt, longer for a subsequent bankruptcy. The good news is that once discharged, you have no more debt.

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