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Reaffirmation agreement cover sheet

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The document is a Reaffirmation Agreement filed in the United States Bankruptcy Court for the Northern 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, in order to retain property and 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.

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 purpose of a reaffirmation agreement?

Reaffirmation is an agreement by a debtor, to a lender, to repay some or all of their debt. Debtors make reaffirmation agreements purely voluntarily. When a borrower reaffirms a debt, this is noted by credit reporting agencies, which then register that the person will make regular, on-time payments.

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.

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.

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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.

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What happens if a reaffirmation agreement is denied?

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What happens if a mortgage is not reaffirmed?

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