A reaffirmation agreement must be filed within 60 days after the first date set for the 341(a) meeting of creditors. The agreement must have a cover sheet prepared as prescribed by Form 427. At any time, the court may extend the time to file an agreement.
What is the purpose of a reaffirmation agreement?
A reaffirmation agreement is an agreement between a chapter 7 debtor and a creditor that the debtor will pay all or a portion of the money owed, even though the debtor has filed bankruptcy. In return, the creditor promises that, as long as payments are made, the creditor will not repossess or take back its collateral.
How long do you have to file a reaffirmation agreement?
Agreeing to repay the excess loan amount in accordance with the terms of the promissory note is called reaffirmation. You can reaffirm an excess loan amount by signing a reaffirmation agreement with your loan servicer.
Why would someone choose to reaffirm a debt?
Reaffirming a debt informs the lender that you intend to continue to pay the loan. Generally, the lender will continue to report the loan and all payments made on that loan to the credit reporting agencies, which may help improve your credit score after bankruptcy, provided timely payments are made on the loan.
Who needs reaffirmation?
If you can afford to keep the secured property and continue making payments, you may wish to sign a reaffirmation agreement, unless the creditor agrees otherwise. If you decide that you cannot afford to keep the property, you may return the property to the creditor.
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In most cases, reaffirmation agreements are not only unnecessary but are a bad idea. There are some exceptions, most credit unions and Ford Motor Credit require reaffs, but most other car finance companies will allow you to keep your car without reaffirming as long as the payment is made in full and on time.
Related links
What is a reaffirmation agreement? | District of Oregon
A reaffirmation agreement is an agreement by which a bankruptcy debtor becomes legally obligated to pay all or a portion of an otherwise dischargeable debt.
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