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Simple English definitions for legal terms

reaffirmation

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A quick definition of reaffirmation:

Reaffirmation: When someone owes money and files for bankruptcy, they may make an agreement with the person they owe money to. This agreement is called a reaffirmation. It means that the person who owes money promises to pay back all or part of what they owe, even after the bankruptcy is over. This agreement is like a new contract that says the debt is still owed. For example, if someone owes money on a car, they might make a reaffirmation agreement so they can keep the car and keep making payments. There are rules that both sides have to follow when making a reaffirmation agreement.

A more thorough explanation:

In bankruptcy, a reaffirmation is an agreement between a debtor and a creditor. It happens after the debtor has filed for bankruptcy. The agreement states that the debtor will repay all or part of an existing debt after the bankruptcy proceedings are over. The property subject to the reaffirmation is not subject to partition in the proceedings. This agreement is also known as a reaffirmation agreement.

For example, a debtor might make a reaffirmation agreement with the holder of a car note. This agreement would prevent the partition of the car. The debtor can keep the car in exchange for their promise to continue paying the debt after the bankruptcy proceedings.

The process for a debtor and creditor to enter into a reaffirmation agreement is laid out in 11 U.S.C. § 524. The agreement must be made before the debt is discharged. The debtor must be fully disclosed, in clear and conspicuous writing, on which amounts are subject to the reaffirmation agreement. The debtor must also be informed of the terms of the agreement and that it does not impose undue hardship on them. The debtor can rescind a reaffirmation agreement within sixty days after it is filed with the court. The reaffirmation agreement must not present an undue hardship and must be in the best interest of the debtor, if they are not represented by counsel.

Reaffirmation agreements are contracts and must be enforceable under the applicable state’s body of contract law. However, courts generally disfavor enforcing reaffirmation agreements. This is because they are in tension with a fundamental bankruptcy policy, which is the ‘fresh start’ that attends a bankruptcy discharge. If approved, the reaffirmation agreement would reestablish the personal liability which would otherwise be discharged.

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BookwormBroker
16:10
same
RoaldDahl
16:10
@HopefullyInLawSchool: what if i already got rejected. does it mean anything
HopefullyInLawSchool
16:12
@RoaldDahl: Likely not however it could mean nothing
RoaldDahl
16:15
So if it means nothing does that mean something?
HopefullyInLawSchool
16:17
Possibly
RoaldDahl
16:26
Cool
RoaldDahl
16:26
thank you!!!! i hope it means something
pinkandblue
16:31
fart
IrishDinosaur
16:36
Mich R gang lesgooo
Did anyone else get that random get to know nova email?
HopefullyInLawSchool
17:21
Ya it was sent to all YM applicants
starfishies
17:37
Anyone get the NDLS email inviting you to apply for something even though they haven’t made a decision on your app yet
17:38
Better yet I got the email and I was rejected last month
starfishies
17:38
Wtf
starfishies
17:39
and the deadline is in like a week what is this
any cardozo movement?
BatmanBeyond
18:01
Sent a LOCI via portal, but I'm wondering if email would have gotten me a swifter response
BatmanBeyond
18:02
This whole hold/wait-list/reserve system is a headache
loci already?
BatmanBeyond
18:09
If the odds are like 1-2% I don't think it matters much by the numbers
12:11
I got the same NDLS email
OrangeThing
12:18
I think the user profiles are broken
19:29
Any word out of Notre Dame?
19:29
Only the invitation to apply for LSE
19:29
Anyone received a decision from NDLS?
19:50
when did u guys apply that just heard from umich? they havent even glanced at my app yet
0:30
how am i supposed to spy on people when profile links are broken?
Right. Broken links smh
I've been UR since first/second week of Jan, no updates otherwise, is that a bad sign? At or above median LSAT and above 75th gpa.
The profile links are not working for me. anybody else?
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