Rule 4008-1

Reaffirmation

(a) Form.  A reaffirmation agreement must conform to Official Form B 240A - Reaffirmation Agreement.  If the reaffirmation agreement concerns a secured debt, the security agreement must be attached.

(b) Reaffirmation Without Representation or Certification by Debtor’s Attorney.  In a case with a debtor unrepresented by an attorney, or where an attorney is unwilling or unable to sign the Certification by Debtor’s Attorney, the debtor or creditor must file a motion for approval of the reaffirmation agreement. The motion must conform to Official Form B 240 B – Motion for Approval of Reaffirmation Agreement.


Committee Notes 2009: Rule amended to reference new and revised Official Forms, effective December 1, 2009.

Committee Notes 2007: Section 524 substantially changed the requirements of reaffirmation agreements allowing the deletion of most of the prior rule. Paragraph (b)(3) of the prior Rule (now paragraph (b)) was changed to clarify under what circumstances a motion for approval must be filed.

 

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