Agreement reaffirmation form 2025

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  1. Click ‘Get Form’ to open the agreement reaffirmation form in the editor.
  2. Begin by reviewing Part A, which includes important disclosures. Ensure you understand the amount being reaffirmed and any associated fees.
  3. In Part B, provide a brief description of the credit agreement and any changes made as part of this reaffirmation. Sign where indicated.
  4. If applicable, complete Part C for attorney certification, ensuring your attorney has signed it if you were represented during negotiations.
  5. Fill out Part D by assessing your financial situation. Indicate whether you believe the reaffirmation will impose undue hardship and sign accordingly.
  6. If not represented by an attorney, complete Part E to request court approval for your reaffirmation agreement.

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An example of a reaffirmation agreement might be the debtors agreement to continue making payments on an auto loan after the bankruptcy discharge in return for keeping a car that would otherwise be subject to repossession.
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.
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.
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.
What Is Reaffirmation? Reaffirmation is a type of agreement a debtor makes with a lender to repay some or all of a debt despite going through bankruptcy proceedings. When a person files for bankruptcy, they do so in order to be relieved of a debt burden they cannot pay.

Key Facts About the Reaffirmation Agreement (Form B240A/B ALT)

Purpose of the Form

Presumption of Undue Hardship

Disclosure Requirements

Attorney Certification

Right to Rescind

Court Approval Process

Impact on Personal Liability

Purpose of the Form

The B240A/B ALT form is used to create a reaffirmation agreement in bankruptcy cases, allowing debtors to reaffirm certain debts.

Presumption of Undue Hardship

Debtors must indicate whether there is a presumption of undue hardship when reaffirming a debt, which affects court approval.

Disclosure Requirements

The form requires detailed disclosures about the amount of debt being reaffirmed, including any fees and costs accrued.

Attorney Certification

If represented by an attorney, they must certify that the agreement is voluntary and does not impose undue hardship on the debtor.

Right to Rescind

Debtors have the right to rescind their reaffirmation agreement at any time before discharge or within 60 days after filing.

Court Approval Process

If a debtor is not represented by an attorney, court approval is required for the reaffirmation agreement to be effective.

Impact on Personal Liability

Reaffirmed debts remain personal legal obligations; failure to pay can lead to creditors taking property or wages.

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People also ask

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.
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.

agreement reaffirmation form