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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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texaslawhopefully
22:30
@KnowledgeableRitzyWasp: That all sounds great. It sounds like it has fairly diverse cuisine for a smaller city
yeah there are so many good cuisines in ithaca
renard99
22:31
@lilypadfrog: that’s a pity I’da be liking them all
texaslawhopefully
22:31
Only food I’m going to miss for sure if I leave Texas is texmex
22:31
waspy hasnt had thai food in ithaca yet. ithaca thai is so good
^^^^ truuuuuu
22:32
there are two major thai places and they have very similar names bc a divorced husband and wife own them lol
22:32
personally i think taste of thai is better than taste of thai express but thats just me
i had pho tho and it was really good and huge portions
texaslawhopefully
22:32
Glad they have good Thai food, I love Thai food! Can’t wait to visit :)
22:33
when tex goes to ithaca i want to come
Dkk
22:34
Crying Tiger, best Thai dish.
damn im so hungry all i had today was a curry tonkatsu and buldak
and it was a lil baby noodle cup
vvv hungry
22:36
curry tonkatsu so yummeh
22:36
whats even open rn? pizza?
CTB is it i think
22:37
is collegetown pizza not open
22:37
i used to get a slice from there or wings over at like 1am after my shift at the restaurant
Dkk
22:48
Ross Ulbricht free. God Bless Trump. Huge win.
JeremyFragrance
22:54
agreed
texaslawhopefully
22:55
This is an interesting read: https://thedispatch.com/article/birthright-citizenship-trump-implications/
Dkk
23:01
I mean, idk how it's possible to end birth right citizenship without amending the constitution because to me the 14th amendment is pretty clear about it.
ross ulbricht tried to hire a hitman to kill 5 people
i am not that sympathetic to him
Dkk
23:04
@KnowledgeableRitzyWasp: That might have been an FBI agent. It was most likely him and he was most likely doing it to retrieve stolen funds that corrupt FBI agents stole, but yeah moral gray area but me personally, cool with hitmen. It's not like it is uncommon to hire hitmen. I don't think the action itself is necessarily wrong but the intent behind it can be.
Dkk
23:05
Like, Boeing whistblowers being killed by hitmen = wrong but a guy hiring hitmen to retrieve stolen funds = good to me.
texaslawhopefully
23:05
@Dkk: Yeah, for sure. My guess is it'll go to SCOTUS and it'll be 8-1 or 7-2, saying that EO was unconstitutional.
Dkk
23:06
Indeed. I need a count for how many exectuive orders he has signed and how many already have pending lawsuits.
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