What does it mean to reaffirm a debt in a Chapter 7 Bankruptcy

Even though a debtor can voluntarily pay a discharged obligation, the debtor cannot readily revive the obligation to pay it. The process of reviving the obligation is called “reaffirmation” and is governed by 11 U.S.C. §524(c). A reaffirmation agreement is a contract (based at least in part on a dischargeable Claim) between the Debtor and a Claim-holder, where the Debtor agrees to repay a discharged Claim to a Creditor after bankruptcy. To be enforceable, the contract must be enforceable under non-bankruptcy law (regardless of whether or not discharge is waived). The debtor and creditor must also do the following:

  1. Make and file the agreement prior to the granting of the discharge;
  2. The debtor must review the disclosures associated with the reaffirmation agreement;
  3. File the agreement with the court to be enforceable; and
  4. The agreement has not been rescinded prior to the discharge.

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Please call me today at (801) 432-8682 to discuss your specific situation and how Bankruptcy may be right for you.

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    Bankruptcy Attorney

    Ryan E. Simpson
    8839 S. Redwood Road, Suite C2
    West Jordan, Utah 84088
    United States

    Telephone: (801) 432-8682

    Ryan E. Simpson

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