Reaffirmation Agreements
11 U.S.C. 524 Event: Bankruptcy > Miscellaneous or Creditor Claim Actions > Reaffirmation Agreement and Cover Sheet |
A Reaffirmation Agreement is an agreement made between the debtor and a creditor to reaffirm a debt.
Filing Requirements:
- Cover Sheet (Official Form 427)
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Reaffirmation Agreement (Official Form B2400A)
- Part I - Reaffirmation Agreement
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Part II - Debtor's Statement in Support of Reaffirmation Agreement 11 U.S.C. 524(k)(6) and Rule 4008
States the reaffirmation agreement does not impose an undue hardship/is in debtor's financial interest, and that they received a copy of the Reaffirmation Disclosure Statement. The debtor's statement must be accompanied by a statement of the total income and total expense amounts stated on schedules I & J. Rule 4008. - Part III - Certification by Debtor(s) and Signatures of all Parties
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Part IV - Certification by Debtor's Attorney (If represented by counsel during course of negotiating the agreement.) 11 U.S.C. 524(c)(3).
States agreement does not impose an undue hardship and that attorney fully advised the debtor of the legal effect and consequences of the agreement. -
Part V - Debtor's Statement and Instructions to Debtor(s) 11 U.S.C. § 524(k).
Discloses important information such as amount reaffirmed and annual percentage rate ... cautions debtor to consider the decision to reaffirm carefully. - Motion to Approve (Official Form B2400B) (If debtor(s) is Pro se or not represented by counsel during the course of negotiating the agreement.) 11 U.S.C. § 524(k)(7)
To File Electronically:
- Log into CM/ECF.
- Select [Bankruptcy > Miscellaneous]. Limited Use Participants will select [Bankruptcy > Creditor Claim Actions].
- Enter the case number (e.g, xx-xxxxx).
- Select [Reaffirmation Agreement and Cover Sheet].
- Select the party filer. If the party is not listed, click on Add/Create New Party.
Note: The Attorney/Party Association screen may appear. If your party selection was correct, check the box to create an association. - Browse to select the Reaffirmation Agreement (pdf file).
- You will be prompted to:
- Enter name of creditor.