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How to Send Bankruptcy Agreement to Sign

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In this video, Wes Scott from Life Back Law discusses whether to sign a reaffirmation agreement during Chapter 7 bankruptcy. A reaffirmation agreement allows you to retain personal liability for a loan—such as a mortgage or car loan—despite filing for bankruptcy. Generally, bankruptcy aims to eliminate personal liability, so reaffirming contradicts this goal. Additionally, while the bank's security interest in collateral (like a house or car) remains post-bankruptcy, it’s important to understand that bankruptcy doesn’t grant a free car or house. The survival of the bank's security interest is crucial for the stability of the financial system, as lenders need reassurance that they won't lose their collateral if a borrower declares bankruptcy.

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Below are some common questions from our customers that may provide you with the answer you're looking for. If you can't find an answer to your question, please don't hesitate to reach out to us.

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What is a letter of intent for bankruptcy?

When you file for Chapter 7 bankruptcy, you will have to complete a form called the Statement of Intention for Individuals Filing Under Chapter 7. On this form, you tell the court whether you want to keep your secured and leased propertysuch as your car, boat, or homeor let it go back to the creditor.

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 are three things you Cannot file bankruptcy?

No matter which form of bankruptcy is sought, not all debt can be wiped out through a bankruptcy case. Taxes, spousal support, child support, alimony, and government-funded or backed student loans are some types of debt you will not be able to discharge in bankruptcy.

What happens if you dont sign a reaffirmation agreement?

Reaffirmation agreements, although required by the bankruptcy laws for every secured debt that the debtor will continue to pay, are often not necessary in practice. This is because the only penalty for failure to sign the reaffirmation is that the creditor might repossess the collateral securing the loan.

Is it better to claim bankruptcy or settle debt?

Debt settlement can be more lengthy than bankruptcy, and will still damage your credit score. If you need immediate relief or do not have the ability to pay monthly fees, bankruptcy may be the best (or only) solution.

What happens when a bankruptcy discharge is denied?

This means that you will still be liable on all of your debts, essentially leaving your bankruptcy ineffective. In addition, a discharge denial due to fraud still allows the trustee to administer non-exempt assets. This means that you could lose property to the trustee and still not receive debt relief.

How do I complete a reaffirmation agreement?

If you want to request a reaffirmation agreement, you must agree after filing for bankruptcy but before any collateral is discharged to the lender. An agreement is filed by submitting a Statement of Intent to the court. Then, you must also send the Statement of Intent to the lender.

What are three reasons you might file for bankruptcy?

Top 5 Reasons People File for Bankruptcy Credit Problems. The easy availability of credit cards and installment loans causes many people to spend money they dont have. Loss of Employment. Losing a job can be devastating to ones personal finances. Spending More than You Make. Medical Costs. Divorce. Unexpected Emergencies.

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Send Bankruptcy Agreement to Sign