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:
- Make and file the agreement prior to the granting of the discharge;
- The debtor must review the disclosures associated with the reaffirmation agreement;
- File the agreement with the court to be enforceable; and
- The agreement has not been rescinded prior to the discharge.
Please contact us today, so we can help put a stop to creditor harassment and to help you get debt relief. If you have any questions about how you can get out of debt and regain control of your life, contact us by Phone at (801) 432-8682 or email us.
We serve all of Utah.
Please call me today at (801) 432-8682 to discuss your specific situation and how Bankruptcy may be right for you.
8833 S. Redwood Road, Suite C
West Jordan, Utah 84088
Telephone: (801) 432-8682