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Reaffirmation Agreement

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REAFFIRMATION AGREEMENT

UNITED STATES BANKRUPTCY COURT

MIDDLE DISTRICT OF ALABAMA

Debtor's Name

Bankruptcy Case No.

Creditor's Name and Address

Chapter

Instructions

1) Attach a copy of all court judgments, security agreement, and their perfections.

2) File all the documents by mailing them or delivering them to the Clerk of the Bankruptcy Court.

NOTICE TO DEBTOR:

This agreement gives up the protection of your bankruptcy discharge for this debt.

As a result of this agreement, the creditor may be able to take your property or wages if you do not pay the agreed amounts. The creditor may also act to collect the date in other ways.

You may rescind (cancel) this agreement at any time before the bankruptcy enters a discharge order or within 60 days after this agreement is filed with the court, whichever is later, by notifying the creditor that the agreement is canceled.

You are not required to enter into this agreement by any law. It is not required by the Bankruptcy Code, by any other law, or by any contract (except another reaffirmation agreement made in accordance with Bankruptcy Code 524(c)).

You are allowed to pay this debt without signing this agreement. However, if you do not sign this agreement and are later unwilling or unable to pay the full amount, the creditor will not be able to collect it from you. The creditor also will not be allowed to take your property to pay the debt unless the creditor has a lien on that property.

If the creditor has a lien on your personal property, you may have a right to redeem the property and eliminate the lien by making a single payment to the creditor equal to the current value of the property, as agreed by the parties or determine by the court.

This agreement is not valid or binding unless it is filed with clerk of the bankruptcy court. If you Were not represented by an attorney during the negotiation of this reaffirmation agreement, the agreement cannot be enforced by the creditor unless 1) you have attended a reaffirmation hearing in the bankruptcy court, and 2) the agreement has been approved by the bankruptcy court. (Court approval is not required if this is a consumer debt secured by a mortgage or other lien on your real estate.)

The debtor and creditor named above agree to reaffirm the debt described in this agreement as follows.

THE DEBT

Total Amount of Debt When Case was Filed

$

Total Amount of Debt Reaffirmed

$

Above total includes the following:

Interest Accrued to Date of Agreement

$

Attorney Fees

$

Late Fees

$

Other Expenses or Cost Relating to the Collection of this Debt (Describe)

$

Annual Percentage Rate (APR)

%

Amount of Monthly Payment

$

Date Payments Start

Total Number of Payments to be made

Total Payment if paid according to schedule

Date Any Lien is to be Released if paid according to schedule

The debtor agrees that any and all remedies available to the creditor under the security agreement remain available.

All Additional Terms Agreed to by the Parties (if any):

Payment on this debt were were not in default on the date on which this bankruptcy case was filed.

This agreement differs from the original agreement with the creditor as follows:

CREDITOR'S STATEMENT CONCERNING AGREEMENT AND SECURITY/COLLATERAL (IF ANY)

Description of Collateral. If applicable, list manufacturer, year and model.

Value

$

Basis or Source of Valuation

Current Location and Use of Collateral

Expected Future Use of Collateral

Check Applicable Boxes:

Any lien described herein is valid and perfected

This agreement is part of a settlement of a dispute regarding the dischargeability of this debt under section 523 of the Bankruptcy Code (11 U.S.C. 523) or any other dispute. The nature of dispute is

DEBTOR'S STATEMENT OF

EFFECT OF AGREEMENT ON DEBTOR'S FINANCES

My Monthly Income (take home pay plus any other income received) is $

My current monthly expenses total $

, not including any payment due under this agreement or any debt to be discharged in this bankruptcy case.

I believe this agreement will will not impose an undue hardship on me or my dependants.

DEBTOR'S STATEMENT CONCERNING DECISION TO REAFFIRM

I agreed to reaffirm this debt because

I believe this agreement is in my best interest because

I considered did not consider redeeming the collateral under section 722 of the Bankruptcy Code (11 USC. 722) I chose not to redeem because.

I was was not represented by an attorney during negotiations on this agreement.

CERTIFICATION OF ATTACHMENTS

Any documents which created and perfected the security interest or lien are are not attached [If documents are not attached]: The documents which created and perfected the security interest or lien are not attached because

SIGNATURES

(Signature of Debtor)

(Name of Creditor)

Date

(Signature of Creditor Representative)

(Signature of Joint Debtor)

Date

Date

CERTIFICATION BY DEBTOR'S ATTORNEY (IF ANY)

I hereby certify that 1) this agreement represents a fully informed and voluntary agreement by the debtor(s); 2) this agreement does not impose a hardship on the debtor or any dependent of the debtor; and 3) I have fully advised the debtor of the legal effect and consequences of this agreement and any default under this agreement.

(Signature of Debtor's Attorney, if any)

Date

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What a Reaffirmation Agreement Means in Bankruptcy

A Reaffirmation Agreement is a written contract a debtor signs during a bankruptcy case to keep personal liability on a particular debt after the bankruptcy discharge. In practice it is most common in consumer Chapter 7 filings where a debtor chooses to continue responsibility for secured obligations such as an auto loan or mortgage. The agreement restates the obligation, preserves creditor rights on the specific collateral, and may require court approval or a debtor’s attorney certification depending on the case. It creates a binding contract separate from the bankruptcy estate if properly executed and approved.

Why a Reaffirmation Agreement Matters

A properly executed Reaffirmation Agreement lets a debtor keep collateral by remaining personally liable while preserving creditor remedies on default.

Why a Reaffirmation Agreement Matters

Who Typically Completes a Reaffirmation Agreement

Debtors, creditors, attorneys, and bankruptcy courts each play defined roles when a Reaffirmation Agreement is proposed.

  • Debtor(s) — Sign the agreement and acknowledge continued personal liability for the specified debt; often requires clear intent to remain bound.
  • Secured Creditor — Prepares or reviews terms protecting its lien and may request court approval to preserve repossession or foreclosure rights.
  • Bankruptcy Attorney or Trustee — Advises the debtor about statutory consequences, prepares required certifications, and files documents with the court.

Coordination among the parties and adherence to court procedures is essential to make the agreement enforceable and compliant with bankruptcy rules.

Step-by-Step: Completing and Filing a Reaffirmation Agreement

Follow these sequential steps to complete, obtain consent, and file a Reaffirmation Agreement with the bankruptcy court.

  • 01
    Prepare Agreement: Complete all required fields and attach supporting loan statements.
  • 02
    Legal Review: Have the debtor’s attorney review and, where required, sign the certification.
  • 03
    Obtain Creditor Signature: Secure the creditor’s authorized signature on behalf of the secured party.
  • 04
    File with Court: File the agreement and any required court forms and serve interested parties as local rules require.

Typical Workflow for a Reaffirmation Agreement

A reaffirmation proceeds through coordinated drafting, review, signing, and filing steps; each stage creates records the court and parties retain.

  • Drafting: Creditor or debtor’s counsel drafts terms and confirms payoff figures.
  • Counsel Certification: Debtor’s attorney signs a certification when required by rule or local practice.
  • Signing: Debtor and creditor sign; witnesses or notarization follow state or local requirements.
  • Court Filing: Document is filed on the bankruptcy docket and served on the trustee and creditor counsel.

Digital Workflow Settings for Online Completion

When completing a Reaffirmation Agreement online, configure fields and authentication to match court and creditor requirements.

Field Configuration
Signature Type Typed, drawn, or eSignature with audit trail
Authentication Email link or SMS code for signer verification
Notary / Witness Enable RON or in-person notarization fields as needed
Retention Enable PDF/A export and audit-trail retention

Digital Signing and Technical Requirements

Ensure the chosen platform supports secure signatures, tamper-evident PDFs, and required authentication for court acceptance.

  • File Formats: PDF/A and DOCX supported
  • Integrations: Connectors for case management and cloud storage
  • Authentication: Email, SMS, KBA, or advanced signer authentication

eSignature Vendor Pricing Snapshot for Reaffirmation Workflows

Compare basic starting prices and select feature notes relevant to secure, court-ready Reaffirmation Agreement signing.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial 7-day free trial Varies by plan Varies by plan Varies by plan Varies by plan
Bulk Send Yes (Business Premium+) Yes Yes Yes Varies
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes (BAA) Yes (BAA) Yes (BAA) No No
Envelope Cap No cap 100 envelopes/user/year Varies by plan Varies by plan Varies by plan

Timelines and Typical Deadlines for Reaffirmation Documents

Timing depends on the bankruptcy case schedule and local court rules; start early to allow attorney certification and potential court hearings.

Pre-Discharge Filing:

File before the debtor’s discharge date when court or creditor rules require approval.

Attorney Certification:

Certification must be signed and filed per local rule prior to or at time of filing.

Creditor Response:

Allow time for creditor execution and return — commonly 7–21 days.

Court Review:

Court may schedule a hearing; processing times vary by district.

Retention Start:

Signed and docketed agreement becomes part of court record with immediate retention obligations.

Key Milestones from Proposal to Court Filing

A milestone timeline helps ensure the reaffirmation is complete, approved, and accepted before discharge or other case deadlines.

01

Proposal Submitted

Creditor or debtor presents proposed terms to the debtor and counsel for review.

02

Attorney Review

Debtor’s counsel evaluates whether reaffirmation is voluntary and in the debtor’s best interest.

03

Signatures Collected

All required signatures, notarizations, or witness attestations are obtained.

04

File and Serve

Document and certifications are filed on the docket and served on interested parties.

Security, Compliance, and Document Protections

Encryption In Transit: TLS 1.2/1.3
Encryption At Rest: AES-256
Certifications: SOC 2 Type II, ISO 27001
Health Data: HIPAA (BAA required)
eSignature Law: ESIGN and UETA compliant
Audit Trail: Timestamps, IP, and action log

Common Pitfalls to Watch When Preparing Reaffirmations

  • Mismatched names between petition and agreement delay court acceptance and may require amendment.
  • Incomplete collateral descriptions create ambiguity about which obligation is reaffirmed.
  • Missing attorney certification where required can lead to court rejection.
  • Failing to get creditor’s authorized signature or notarization invalidates the filing in some districts.

Consequences of Incorrect or Improper Reaffirmation Documents

Rejection by Court: Improperly signed agreements may be rejected and removed from the docket.
Unintended Liability: Debtor remains personally liable and can be sued for nonpayment after reaffirmation.
Creditor Remedies: Creditor may exercise repossession or foreclosure rights if debtor defaults.
Costs: Additional attorney and filing fees may be required to correct defects.
Delay of Discharge: Defects can delay administrative case closure or creditor settlements.
Recordkeeping Risk: Insufficient retention may hamper enforcement or appeals.

Representative Use Cases

These examples show how reaffirmations appear in real creditor-debtor scenarios and the outcomes when executed correctly.

Auto Loan Reaffirmation

A debtor signs to keep a vehicle with a remaining balance;

  • Creditor files the agreement and repo rights remain effective.
  • Proper disclosure and attorney certification avoided litigation and allowed the debtor to keep transport while remaining liable.

Mortgage Reaffirmation

Homeowner agrees to continue payments on a mortgage secured by the property;

  • Servicer attaches payment history and escrow details.
  • Court accepts the reaffirmation after review and the homeowner retained possession while remaining responsible for payments and potential foreclosure risk on default.

Practical Tips for Accurate, Compliant Reaffirmations

Follow these practical steps to reduce rejection risk and ensure the agreement is court-ready.

Verify Names and Numbers
Cross-check debtor names, creditor names, and account numbers against the petition and creditor notices to prevent mismatches.
Use Precise Collateral Details
Include VINs, full property addresses, and contract identifiers to remove ambiguity about what is being reaffirmed.
Obtain Required Certifications
If an attorney certification or trustee notice is required by local rule, secure it before filing to avoid court rejection.
Preserve Audit Evidence
Retain signed PDFs with audit trails, notarizations, and service proofs to support enforceability and future disputes.

Frequently Asked Questions About Reaffirmation Agreements

Answers below address common procedural and legal questions borrowers and practitioners raise when preparing and filing reaffirmations.


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