Warning

Info

Warning

Info

Warning

Info

LSDefine

Simple English definitions for legal terms

reaffirmation

Read a random definition: Armed Services Board of Contract Appeals

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.

ready, willing, and able | real covenant

Warning

Info

General

General chat about the legal profession.
main_chatroom
👍 Chat vibe: 0 👎
Help us make LSD better!
Tell us what's important to you
windyMagician
11:09
shaq hows ur love life going? any updates?
shaquilleoatmeal
11:14
damn couldnt even get to Christmas dinner before this question lmao im not looking for anything serious rn so no updates lol
11:14
i made out with my ex in a stairwell the other day if you care. my only update
shaquilleoatmeal
11:14
oof
shaquilleoatmeal
11:14
twitter ex or a different ex
11:15
different ex
windyMagician
11:15
since its not Twitter dude I'll forgive it
shaquilleoatmeal
11:17
at least you did that before the new year, cant carry that baggage in 25
11:17
I think he thinks if I move to nyc we’re going to get back together
11:17
that’s not my plan tbh
jackfrost11770
11:18
this is so funny
shaquilleoatmeal
11:19
lmao damn wish id be classmates with this dude
shaquilleoatmeal
11:20
@cheriebomb: you never know what the future holds
jackfrost11770
11:20
also cherie fallen soldier
jackfrost11770
11:20
i got home at 8 am from the club and my neighbor was leaving to go biking. truly living in different worlds
11:20
i don’t fw him that heavy tbh
11:21
i get along better with his friends than i do with him
windyMagician
11:21
nah the hiking in Nike blazers deserves jail time
11:21
he was already vomiting and shitting in a hole I think he did his penance
windyMagician
11:26
call that restorative justice
11:35
they put a place in the UK second. I don’t trust their methodology
shaquilleoatmeal
11:35
im laughin cause it definitely isnt but the fact that some people this it is is comical
shaquilleoatmeal
11:35
tink*
shaquilleoatmeal
11:35
think jee
shaquilleoatmeal
11:35
jeez - im over it
11:37
imagine saying you want to go to boston for christmas 💀
shaquilleoatmeal
11:40
imagine you not wanting to go what lmao
LSD+ is ad-free, with DMs, discounts, case briefs & more.