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Learn About Reaffirmation Agreements Below ...

What Are Bankruptcy Reaffirmation Agreements?


Reaffirmation Agreements

A reaffirmation agreement is filed in a case when you want to take something back out of the protection of the bankruptcy. Usually this is done for a debt involving property, like a car or home. You have to agree to continue making payments on the debt (if applicable) to the creditor to whom the debt is owed.


Why Reaffirm A Debt?

A secured debt is one in which a creditor has a “security interest”. A security interest protects the creditor if the debt is unpaid, and bankruptcy does not wipe out those security interests. If you stop paying on a secured property, even if you list it in your bankruptcy, the creditor can repossess that property. So, if you really want to keep your car, for example, you can reaffirm it in your bankruptcy. Do keep in mind though that the court has to approve any reaffirmations. If the court feels that continuing to make the payments on that property is not in your best interests, they will deny the reaffirmation.


You may also want to reaffirm a debt to protect a co-signer, even if you don’t want to keep the property. The co-signer is responsible for the debt if you don’t pay it, and their responsibility will not be wiped out just because you filed bankruptcy. So, if mom and dad co-signed for that car you listed in your bankruptcy, the creditor will just go after mom and dad for the debt (might make for some unpleasant family dinners).

What Is A Reaffirmation Agreement?

Do I Have To Reaffirm My House To Keep It?

In most cases you must file a reaffirmation agreement to keep certain property, even if you’re current on the payments. A house, however may be different. Some states will allow you to keep your house through the bankruptcy without reaffirming, if you’re current on the payments. However, because this is such an important piece of property, and because the laws vary widely by state, it is strongly advised that you consult an attorney to determine what is your best of action for your situation.



Statement Of Intention

In most bankruptcies you will file a form stating what you intend to do with certain properties. Just because you intend to reaffirm a debt, and state that on the Statement of Intention, does not automatically mean the debt will be reaffirmed. You (or your attorney) still must file a Reaffirmation Agreement on any debt you wish to reaffirm, and again, any such agreement must be approved by the court.


What If I Change My Mind?

A reaffirmation agreement can be cancelled by the debtor. However, there is a time limit for doing so. The agreement must be cancelled by the later of the discharge being issued, or 60 days from the date the reaffirmation is filed with the court.


As you can see, a reaffirmation agreement should be taken seriously and should not be done lightly. You are contractually binding yourself to make certain payments when you sign a reaffirmation agreement. And the creditor can (and likely will) still come after you if you don’t.




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Disclaimer: This Content Does Not Constitute Legal Advice

This article is for informational purposes only and should not be construed as legal advice. Consult with a licensed bankruptcy attorney if you are considering bankruptcy, or other competent counsel before pursuing the subject matter of this article. Collection laws vary from state to state.

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