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Simple English definitions for legal terms
reaffirmation hearing
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A quick definition of reaffirmation hearing:
Reaffirmation hearing: A meeting where someone who owes money and a creditor come together to ask the court to approve a plan to pay back the debt. This usually happens at the same time as a discharge hearing, where the court decides if the person can be released from their debts.
A more thorough explanation:
A reaffirmation hearing is a legal proceeding that takes place during bankruptcy. It involves the debtor and a creditor presenting a reaffirmation of a debt that can be discharged. The court must approve the reaffirmation before it can be considered valid.
John filed for bankruptcy and owed $10,000 to his credit card company. He wants to keep his credit card and continue making payments. John and the credit card company attend a reaffirmation hearing to present their agreement to the court. If the court approves the reaffirmation, John can keep his credit card and continue making payments.
A discharge hearing is a legal proceeding that takes place during bankruptcy. It involves the court informing the debtor whether a discharge has been granted or not. If a discharge is granted, the debtor is no longer responsible for paying certain debts.
Sarah filed for bankruptcy and attended a discharge hearing. The court granted a discharge for all of her credit card debt, but not for her student loans. Sarah is no longer responsible for paying her credit card debt, but she still has to pay her student loans.