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Includes your List of Creditors and all Schedules (A to J), your Voluntary Petition, and your Discharge or Dismissal.
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Get your Official Federal Bankruptcy Discharge Papers (or Dismissal) emailed to you within 1 business hour.
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Learn About Reaffirming Debt in Bankruptcy Below ...

Reaffirming Debt in Bankruptcy


There Are Some Debts You May Want To Keep In Bankruptcy

When entering bankruptcy, you’ll be relieved of almost all debts that are owed to your creditors. However, there are instances that you’ll want to keep some debts, especially if there is valuable property attached. For example, if you are paying off a debt on a car, you’ll be wanting to keep that debt. This is where reaffirming debt in bankruptcy comes into play. Below, we’ll discuss what exactly a reaffirmation agreement is, and some pros and cons of using it in your bankruptcy proceedings.


What Is A Reaffirmation Agreement?

A reaffirmation agreement is an agreement between you (the debtor) and your creditor that keeps a certain debt intact that otherwise would be waived when filing for bankruptcy. In other words, you are basically agreeing that you will still be able to pay off that particular debt over time.

What Is A Reaffirmation Agreement

In the case of bankruptcy, you’ll need a court to approve your reaffirmation agreement. Due to this, you won’t want to be trying to reaffirm items that are seemingly frivolous or otherwise unnecessary. Want to reaffirm paying off your car loan or costly medical equipment? Completely reasonable. The brand new ostentatious golden toilet? Not so much.


Why Would I Want to Reaffirm?

There are a few instances in which you would want to reaffirm a debt. The primary instance is to protect property against repossession. If you are making regular payments on a debt, the lender still has the ability to repossess your property if they so choose. In many cases, lenders will be fine receiving timely payments. However, you may run into the situation of a less than chivalrous lender that will be delighted to repossess your property, even after several payments. By having a reaffirmation agreement in place, it protects you against this possibility.

A second instance that you would want to reaffirm your debt is if you are looking to rebuild your credit. When going into bankruptcy, a creditor will often not report any continued payments to credit collecting agencies. Because of this, they will not be able to help your credit score. By reaffirming a debt, your creditor will then still need to report any payments to credit collecting agencies, thus helping you begin to rebuild your credit score.


What Are The Downsides?

The one glaring downside of reaffirming a debt is that you are still accountable for paying off a debt. This means even if your property becomes lost or destroyed, you’ll still need to be paying off the debt on that property. In this situation, if you become delinquents on your payment for your car, the creditor can repossess the car, and still bill you for what is owed.



In terms of destroyed property, we can take the example of a bad car wreck. If you’ve reaffirmed a debt on a car, you will be able to keep your car as long as you keep making payments. However, what would happen if you got into a terrible wreck that completely destroyed the back axle of your car? Considering buying repairs is probably out of the question, that car is now as useful as a pile of metal. Even if you do sell it for scrap, you will still need to repay the creditor for whatever was still owed on the car.


Overall, reaffirming a debt is not a light process. Be sure that you are picking what you want to reaffirm carefully, and truly examine if you’ll be able to pay off that debt with time. When in doubt, play it safe, and best of luck.



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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