What is a Reaffirmation Agreement? United States Bankruptcy Form
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People also ask
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What is an example of reaffirming?
: a second or subsequent affirmation : the act of reaffirming something or the condition of being reaffirmed. a reaffirmation of the country's founding principles.
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What is the simple meaning of reaffirmation?
In bankruptcy, a reaffirmation is an agreement that a debtor and a creditor enter into after a debtor has filed for bankruptcy, in which the debtor agrees to repay all or part of an existing debt after the bankruptcy proceedings are over and the property subject to the reaffirmation is not subject to partition in the ...
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Can a creditor refuse to reaffirm?
In its opinion, the 1st Circuit said, "just as a debtor is not obliged to seek reaffirmation, so to a creditor retains the right to reject any and all reaffirmation proposals, for whatever reason.
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Why would someone choose to reaffirm a debt?
This typically helps a person trying to rebuild their credit after bankruptcy. Borrowers who do not reaffirm a debt, however, typically won't see their payments registered with credit reporting agencies.
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What is an example of reaffirmation?
For example, if a debtor reaffirms a car loan for $15,000 and the car securing the loan is worth $8,000, then, if the debt or defaults, the creditor may repossess the car and the debtor may still be liable to the creditor for $7,000 (the difference between the amount of the l oan and the value of the car at the time it ...
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What is an example of a reaffirmation agreement?
A debtor may enter into a reaffirmation agreement in order to take a debt owed on an automobile (for example) and agree to remove that debt from being dischargeable. This is the case for many debtors who want to desire to keep their vehicle even though money is still owed on the car 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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