Reaffirmation Agreement Louisiana Form
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People also ask
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Which of the following is required for a valid reaffirmation agreement?
Reaffirmation agreements require court approval to make sure the debtor can reasonably afford to continue making the payments. If the debtor has an attorney, the attorney must confirm that the agreement is in the debtor's best interest and won't cause undue financial hardship.
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How does reaffirmation agreement work?
Reaffirmation is an agreement by a debtor, to a lender, to repay some or all of their debt. Debtors make reaffirmation agreements purely voluntarily. When a borrower reaffirms a debt, this is noted by credit reporting agencies, which then register that the person will make regular, on-time payments.
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Can a creditor refuse to reaffirm?
If the debtor selects reaffirmation, the creditor must propose a reaffirmation plan and negotiate it with the debtor. Neither the creditor nor the debtor is required to accept any particular plan. Courts allow creditors to offer reaffirmation before the debtor indicates their intent.
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Can you negotiate a reaffirmation agreement?
The purpose of a bankruptcy reaffirmation agreement is to protect all parties with a financial and legal interest in the Chapter 7 bankruptcy proceedings. It establishes the terms and conditions of reaffirming an asset and can be negotiated to benefit both the creditor and debtor.
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What happens if I did not reaffirm my car loan?
What Happens If I Don't Reaffirm My Car Loan? Without a payment contract, the lender could repossess the car at any time, even if you continued making monthly amounts and remained current. Also, you wouldn't benefit from timely payments because the lender wouldn't report payments to credit bureaus.
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What happens if your Chapter 7 is denied?
When the bankruptcy court denies your discharge in a Chapter 7 case, you remain responsible for paying back all your debts. Denial of your Chapter 7 discharge doesn't end the case, though. The Chapter 7 trustee will still gather and liquidate any non-exempt assets; all you lose is your fresh start free of those debts.
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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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