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Defective Reaffirmation Agreements. A Reaffirmation Agreement will be considered defective and will be stricken from the docket if: It is not filed on Official Form B2400A or B2400A/B ALT, or if; The debtor and/or creditor fails to sign any of the required parts of the agreement.
A reaffirmation agreement is an agreement between a chapter 7 debtor and a creditor that the debtor will pay all or a portion of the money owed, even though the debtor has filed bankruptcy. In return, the creditor promises that, as long as payments are made, the creditor will not repossess or take back its collateral.
E-Filing reaffirmation agreement ereaf is a program that allows the public to file reaffirmation agreements. Online filers will attach their own completed and signed Reaffirmation Agreement as a PDF and input information on the nature of the agreement for the program to use in the docket text.
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Reaffirmation Agreements filed in pro se debtor cases (meaning the debtor is not represented by an attorney) will always be scheduled for a hearing to make sure the debtor understands what are the consequences of a reaffirmation agreement, that the agreement is voluntary, and to determine whether the debtor has the ability to maintain payments.
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This system should only be used by Creditor filers. Attorneys filing a Reaffirmation Agreement should log into the CM/ECF system and file the Reaffirmation Agreement in that system.
At a recent meeting the judges discussed consistent procedures related to reaffirmation agreements and offer the following information to assist the bar and parties: A hearing will be set to consider a reaffirmation agreement in the following circumstances: 1. Debtor is pro se or is not represented by counsel during the negotiation of the.
Amended Reaffirmation Agreements – Check the box indicating the Reaffirmation Agreement is amended. Rule 5005(a)(2) permits a court by local rule to permit the filing, signing, and verifying of documents electronically. Filing a Reaffirmation Agreement electronically deems the Reaffirmation Agreement signed.
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