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Can a reaffirmation agreement be filed after discharge?

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.

What is the reaffirmation process?

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.

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 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.

What happens if a mortgage is not reaffirmed?

Without reaffirmation, the lender may not report your payments to credit bureaus, limiting your ability to rebuild credit. Additionally, failing to reaffirm can leave you in a precarious ownership position.