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California Reaffirmation Agreement (Oakland)

California Reaffirmation Agreement (Oakland)

Name: California Reaffirmation Agreement (Oakland)
Brand: US Legal Forms
Price: 59.00 USD
Rating: 4.74 (263 reviews)

Category:

California Bankruptcy - Official - Northern District

State:

California

Control #:

CA-SKU-5558

Format:

Instant download

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Description

Reaffirmation Agreement (Oakland) The California Reaffirmation Agreement (Oakland) is a form of legal contract that is used in the state of California to reaffirm a prior contract or agreement after the original contract has been discharged in bankruptcy. This agreement is used to prevent the discharge ability of the debt in the bankruptcy, and to ensure that the creditor is still able to collect on the debt. The agreement must be signed by both the debtor and the creditor, and must be approved by the court. There are two types of California Reaffirmation Agreement (Oakland): voluntary and involuntary. A voluntary agreement is one that is initiated by the debtor, while an involuntary agreement is initiated by the creditor. In either case, the agreement must be approved by the court for the debt to be considered non-dischargeable in bankruptcy.

The California Reaffirmation Agreement (Oakland) is a form of legal contract that is used in the state of California to reaffirm a prior contract or agreement after the original contract has been discharged in bankruptcy. This agreement is used to prevent the discharge ability of the debt in the bankruptcy, and to ensure that the creditor is still able to collect on the debt. The agreement must be signed by both the debtor and the creditor, and must be approved by the court. There are two types of California Reaffirmation Agreement (Oakland): voluntary and involuntary. A voluntary agreement is one that is initiated by the debtor, while an involuntary agreement is initiated by the creditor. In either case, the agreement must be approved by the court for the debt to be considered non-dischargeable in bankruptcy.

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FAQ

Given these significant consequences, you must make sure that you understand the terms of a reaffirmation agreement before signing, including (1) the amount that you will owe, (2) the timing of the payments and (3) any right the creditor may have to take away the property if you fail to make payment.

What Is a Reaffirmation Agreement? Reaffirmation agreements are a special feature of Chapter 7 bankruptcy. They give your creditors a chance to get you back on the hook for debt you would have otherwise discharged in the bankruptcy by allowing you to reaffirm, or re-sign, liability for a specific debt.

To ensure that creditors do not defraud their debtors, reaffirmation agreements must be: In writing; Filed with the court; and. Certified by the debtor's attorney.

A debtor may enter into a reaffirmation agreement in order to take a debt owed on an automobile (for example) and agree to remove that debt from being dischargeable. This is the case for many debtors who want to desire to keep their vehicle even though money is still owed on the car loan.

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.

He has depleted his savings and is unable to make his mortgage payments. John arranges with his mortgage company a reaffirmation that is approved in court. He reaffirms the debt he owes on the home mortgage, with a chance to renegotiate payments with the lender.

A reaffirmation agreement is an agreement by which a bankruptcy debtor becomes legally obligated to pay all or a portion of an otherwise dischargeable debt.

The deadline to cancel a reaffirmation agreement is the later of these two dates: 60 days after the date the agreement is filed with the Court; or ? the date the Bankruptcy Court issues a discharge in your case.

More info

Form B240, REAFFIRMATION AGREEMENT (Oakland), This agreement gives up the protection of your bankruptcy discharge for this debt. However, you must complete at least 45 credits at Oakland University in order to graduate.We seek to complete your bankruptcy filing with minimal cost. Protect Your Rights in Reaffirmation Agreements. Complete this form: or. 2. Agree to repay the excess according to the terms and conditions of your promissory note ("reaffirmation"), in which. Find Oakland Gender Agreement lawyers in California to hire. No cost to post a project to get multiple bids in hours to compare before hiring. That's why every debtor's bankruptcy attorney ought to be hostile to any reaffirmation agreement. 17-40920, see flags on bad law, and search Casetext's comprehensive legal database.

California Reaffirmation Agreement (Oakland)

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