Reaffirmation Agreement Montana Form
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People also ask
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Why might someone choose to reaffirm a particular debt?
When a person files for bankruptcy, they do so in order to be relieved of a debt burden they cannot pay. By entering into a reaffirmation agreement, a borrower often maintains possession of an asset held as collateral such as a home or a car, so long as they can fully repay the debt owed on that particular loan.
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Can you cancel 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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How does a 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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What debts can be reaffirmed in chapter 7?
Depending on individual circumstances, if a debtor wishes to keep certain secured property (such as an automobile), he or she may decide to "reaffirm" the debt.
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What IRS debt can be discharged in Chapter 7?
What type of tax debt is dischargeable through bankruptcy? Typically, only income tax debts can be dischargeable in bankruptcy. A tax debt owed for payroll taxes, FICA (Social Security) taxes, and trust fund taxes are not dischargeable through any type of bankruptcy proceeding, including Chapter 7.
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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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What are exempt assets in Chapter 7?
Exempted property in a bankruptcy can include the car you need to drive to work and to the store for food. It can include the tools you need to do your job. It can include the house in which you live, and the furniture and appliances and other household goods that make the house your home.
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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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