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Reaffirmation Agreements in Chapter 7 Bankruptcy Cases
July 4, 2012

Reaffirmation Agreements in Chapter 7 Bankruptcy Cases are documents that are generally prepared and filed by secured creditors. When done properly and timely they hold the debtor liable on the debt that was discharged in the chapter 7 bankruptcy case. All debts must be included in chapter 7 bankruptcy. But not all debts are or have to be discharged. Things like child support, alimony taxes owed to the IRS less than 3 years old, all student loans after 2005 are all automatically non-dischargeable in bankruptcy. But mortgages, car payments and other secured debts are dischargeable if they are not reaffirmed. When you reaffirm a debt your are signing back on liability and should do so with caution. The reaffirmation agreement is prepared from a standard form that the bankruptcy court has prepared. The secured creditor takes this form an puts all the information about the loan and debt into the form and generally will mail it to the debtor or debtors attorney. This form then needs to be completed with the debtors information and filed with the court within a specific time period. If not it's invalid.

As a debtors attorney we run into a lot of problems with reaffirmation agreement not being prepared by the secured creditor. For some reason they are refusing to prepare and send out this document. We cannot force them to prepare the document nor can we prepare it for them because we don't have the exact figure to complete the form.

The Form can be found on this page.