Simple English definitions for legal terms
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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.
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.