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Reaffirmation agreement cover sheet instructions

Massachusetts reaffirmation agreement 2025

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The document is a Reaffirmation Agreement used in the United States Bankruptcy Court, specifically in the District of Massachusetts. It outlines the terms under which a debtor agrees to reaffirm a debt despite filing for bankruptcy, thereby relinquishing the protection of discharge for that debt. The agreement details the total amount of debt, payment terms, and conditions under which the creditor can collect if payments are not made. It also includes provisions for rescinding the agreement and requirements for court approval if the debtor was not represented by an attorney.

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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 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.

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 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.

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.

What happens if you dont reaffirm your mortgage?

Consequences of Not Reaffirming a Mortgage As long as you continue making payments, the lender typically will not foreclose. Yet, the consequences of not reaffirming the mortgage include the potential inability to refinance or modify the loan in the future.

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.

Massachusetts reaffirmation agreement 2025

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