What is a Reaffirmation Agreement?

Type: 
Debtor FAQ
Answer: 

An agreement by a chapter 7 debtor to continue paying a dischargeable debt (such as an auto loan) after the bankruptcy, usually for the purpose of keeping collateral (i.e. the car) that would otherwise be subject to repossession.

The party filing a reaffirmation agreement is required to also file a "Reaffirmation Agreement Cover Sheet." The reaffirmation agreement should be filed with the court only after all information is completed and signed by the debtor(s) and the creditor in Part III, and the attorney for the debtor(s) in Part IV, if the attorney represented the debtor(s) during the negotiation of the agreement.

Unrepresented parties must also complete and file Form B 240B Motion for Approval of Reaffirmation Agreement. After the motion is filed, the court will set a hearing before the bankruptcy judge to consider the approval of the agreement and the parties will receive notice.

Video: Discussion on Reaffirmation