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Notice of rescission of reaffirmation agreement form

Reaffirmation Agreement - West Virginia 2025

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The document is a Reaffirmation Agreement filed in the United States Bankruptcy Court for the Southern District of West Virginia, related to a Chapter 7 bankruptcy case. It outlines the debtor's commitment to repay a specified amount to Sears, including finance charges, while retaining credit privileges. The debtor acknowledges their right to cancel the agreement within 60 days and confirms that entering into this agreement is not mandatory under bankruptcy laws. An attorney's declaration affirms that the agreement is voluntary and does not impose undue hardship on the debtor.

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What happens if a reaffirmation agreement is denied?

If the Court denies the reaffirmation agreement, you are in technical default again. This is part of the trade‐off between Chapters 7 and 13. In exchange for a quick, efficient, inexpensive discharge of your debts, you give up control over the actions of creditors.

Who signs a reaffirmation agreement?

A contractual agreement to repay such a debt is called a reaffirmation agreement and is entered into between the debtor and a specific creditor. Reaffirmation agreements are strictly voluntary. They are not required by the Bankruptcy Code or other state or federal law.

What happens if mortgage is not reaffirmed but still paying?

As long as the bank is willing to accept payments and you abide by the terms of your already existing loan, you should be able to keep the house and maintain payments to satisfy the mortgage but you will not likely be able to modify or refinance without having reaffirmed the debt.

What happens after a 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.

What are the legal requirements of a reaffirmation agreement?

Reaffirmation agreements require court approval to make sure the debtor can reasonably afford to continue making the payments. If the debtor has an attorney, the attorney must confirm that the agreement is in the debtors best interest and wont cause undue financial hardship.

What is the purpose of a reaffirmation agreement?

A debtor may enter into a reaffirmation agreement in order to take a debt owed on an automobile (for example) and agree to remove that debt from being dischargeable. This is the case for many debtors who want to desire to keep their vehicle even though money is still owed on the car loan.

Who files the reaffirmation agreement?

If you decide to enter into a reaffirmation agreement, you must do so before you receive your discharge. After you have entered into a reaffirmation agreement and all parts of this form that require a signature have been signed, either you or the creditor should file it as soon as possible.

Reaffirmation Agreement - West Virginia 2025

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