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How to Make Modifiable Bankruptcy Agreement

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[Music] my name is Christy Myatt and Im a member of the Farm Credit team here at Nexen prove it in this video I will talk about why you need a reaffirmation agreement in a chapter 7 bankruptcy case chapter 7 allows the debtor to discharge certain debts in order to obtain a fresh start with respect to a secured debt the individual debtor has three options first the debtor can surrender the collateral back to the secured creditor note that the secured creditor will still need relief from stay to sell the collateral second the debtor can retain the collateral and redeem it by paying the value of the collateral in a lump sum and not in installments over time third the debtor can retain the collateral and enter into a reaffirmation agreement by agreeing to pay the full amount of the debt over time with interest what happens if the debtor does not exercise one of these three options this can occur if the value of the collateral exceeds the amount owed the secured creditor the debtor is cur

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What does it mean when a loan is not reaffirmed?

Without a reaffirmation agreement, you are not personally liable for the debt. So, while the mortgage company can still foreclose on their lien if you dont pay, you are free to walk away with no penalty or further damage to your credit. The bankruptcy has removed your personal liability.

Why would a debtor want to reaffirm a debt that would be discharged?

Advantages to Reaffirmation of Debt Reaffirming a debt allows you to keep the property securing the debt, which can be a real advantage in some cases. It also allows you to avoid having to come up with a lump-sum payment to keep the property.

Can a lender refuse a reaffirmation agreement?

The agreement is voluntary for you and for the creditorthe creditor may refuse to offer a reaffirmation. All parties need to move quickly to get an agreement reviewed, signed, and filed.

What is a modification in bankruptcy?

Modification after confirmation. The court and the trustee will ask you to explain why you need to change your plan payments and provide proof of your changed circumstances (such as a job loss or a reduction in income). If satisfied, the court will order a new plan payment for the duration of your case.

Can you amend a bankruptcy after discharge?

The bankruptcy rules allow you to file an amendment to your bankruptcy forms any time before you receive your final discharge. If for some reason you need to file an amendment after your discharge, then you will have to ask permission from the court.

Is a reaffirmation agreement necessary?

No, you are not required to reaffirm a debt by any law. Only agree to reaffirm a debt if it is in your best interest. Be sure you can afford the payments that you agree to make.

What happens after reaffirmation agreement?

A reaffirmation agreement is where you agree to pay a debt even though you could have eliminated the debt in your bankruptcy case. When you reaffirm a debt, you continue to be legally responsible for paying it back. This gives the creditor some legal rights.

How do I revoke a reaffirmation agreement?

To cancel a reaffirmation agreement, you must notify the creditor. It is a good idea to notify the creditor in writing via certified mail with a return receipt postcard so you have proof that you have rescinded the agreement.

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