Motion for Approval of Reaffirmation Agreement Hawaii Form
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People also ask
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What does the judge do at a reaffirmation hearing?
At the reaffirmation hearing, the judge will explain any concerns he or she has with the terms of your agreement. In addition, the judge will ask you certain questions to determine whether reaffirming the debt is in your best interest.
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How many days does a debtor have to change his or her mind after reaffirmation of a debt?
Timing of Rescission More often than not a reaffirmation agreement is filed after the “meeting of creditors.” So, usually the rescission deadline is 60 days after the reaffirmation agreement gets filed at the bankruptcy court.
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Can you reverse a reaffirmation agreement?
Yes. You can cancel (or “rescind”) your reaffirmation agreement, even if a judge has already approved it. NOTE: WE STRONGLY RECOMMEND THAT YOU SPEAK WITH AN ATTORNEY TO ADVISE YOU ABOUT THE CONSEQUENCES OF CANCELLING A REAFFIRMATION AGREEMENT IN YOUR CASE.
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Can a reaffirmation agreement be filed after discharge?
If you decide to enter into a reaffirmation agreement, you must do so before you receive your discharge. After you have entered into a reaffirmation agreement and all parts of this form that require a signature have been signed, either you or the creditor should file it as soon as possible.
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What happens if a reaffirmation agreement is denied?
If I deny the motion to reaffirm the debt, you are under no legal responsibility to pay the creditor, but the creditor can seek to repossess the collateral (if there is any). However the creditor cannot obtain a judgment against you for the amount you owe on this debt.
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Can you cancel a reaffirmation agreement?
Reaffirmation agreements can be rescinded any time before the Court issues the discharge, or within 60 days after the agreement is filed with the Court, whichever is the later. Notice of the rescission must be given to the creditor.
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What happens after reaffirmation agreement?
A reaffirmation agreement is where you agree to pay a debt even though you could have eliminated the debt in your bankruptcy case. When you reaffirm a debt, you continue to be legally responsible for paying it back. This gives the creditor some legal rights.
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Can you negotiate a reaffirmation agreement?
Potential for better loan terms: Creditors might offer more favorable loan terms as part of the reaffirmation agreement. For example, you may be able to negotiate a lower interest rate, reduced monthly payments or an extended payment period, making the debt easier to manage.
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