Arizona Reaffirmation Agreement, Motion and Order
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How to fill out Reaffirmation Agreement, Motion And Order?
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FAQ
What Happens If I Don't Reaffirm My Car Loan? Without a payment contract, the lender could repossess the car at any time, even if you continued making monthly amounts and remained current. Also, you wouldn't benefit from timely payments because the lender wouldn't report payments to credit bureaus.
If I deny the motion to reaffirm the debt, you are under no legal responsibility to pay the creditor, but the creditor can seek to repossess the collateral (if there is any). However the creditor cannot obtain a judgment against you for the amount you owe on this debt. JUDGE MUND INFORMATION REGARDING REAFFIRMATION ... uscourts.gov ? judges ? instructions uscourts.gov ? judges ? instructions
Reaffirmations are essentially a new agreement, and the terms can be different from the original debt. This means the creditor can negotiate different rates or payment schedules. Creditor's Rights in Bankruptcy: Reaffirmation Agreements rosenblumlaw.com ? bankruptcy-nj ? creditors ? r... rosenblumlaw.com ? bankruptcy-nj ? creditors ? r...
You will receive a hearing date to see a judge and explain why you want to reaffirm the debt. You must also explain how you can afford to make payments in the future. The judge will decide whether or not to approve your reaffirmation agreement. REAFFIRMATION HEARING INFORMATION PACKET uscourts.gov ? files ? documents ? dhaa uscourts.gov ? files ? documents ? dhaa
At the reaffirmation hearing, the judge will explain any concerns he or she has with the terms of your agreement. In addition, the judge will ask you certain questions to determine whether reaffirming the debt is in your best interest.
Reaffirmation agreements are entirely voluntary. No creditor can make you reaffirm a debt. This is because a reaffirmation goes against the most basic upside of filing bankruptcy: the fresh start. You cannot be sent to collections, sued, or garnished on a debt that was discharged in bankruptcy.
A reaffirmed debt remains your personal legal obligation to pay. Your reaffirmed debt is not discharged in your bankruptcy case. That means that if you default on your reaffirmed debt after your bankruptcy case is over, your creditor may be able to take your property or your wages.