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Hawaii Debtors Motion To Defer Entry of Discharge and Enlarge Time To...

Hawaii Debtors Motion To Defer Entry of Discharge and Enlarge Time To File Reaffirmation Agreement

Name: Hawaii Debtors Motion To Defer Entry of Discharge and Enlarge Time To File Reaffirmation Agreement
Brand: US Legal Forms
Price: 59.00 USD
Rating: 4.6 (418 reviews)

Category:

Hawaii Bankruptcy - Official - Local District - Chapter 7

State:

Hawaii

Control #:

HI-SKU-0045

Format:

Instant download

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Description

Debtors Motion To Defer Entry of Discharge and Enlarge Time To File Reaffirmation Agreement Hawaii Debtors Motion To Defer Entry of Discharge and Enlarge Time To File Reaffirmation Agreement is a legal document that is filed by a consumer debtor in Hawaii seeking a court order to delay the entry of their bankruptcy discharge and extend the time for them to file a reaffirmation agreement. The motion typically requests the court to delay the debtor’s discharge for 60 days from the date that the motion is filed, or for such additional time as the court deems necessary. There are two types of Hawaii Debtors Motion To Defer Entry of Discharge and Enlarge Time To File Reaffirmation Agreement: (1) An individual motion to defer entry of discharge and enlarge time to file a reaffirmation agreement; and (2) a joint motion to defer entry of discharge and enlarge time to file a reaffirmation agreement. The individual motion is filed by a single consumer debtor, while the joint motion is filed by two or more consumer debtors.

Hawaii Debtors Motion To Defer Entry of Discharge and Enlarge Time To File Reaffirmation Agreement is a legal document that is filed by a consumer debtor in Hawaii seeking a court order to delay the entry of their bankruptcy discharge and extend the time for them to file a reaffirmation agreement. The motion typically requests the court to delay the debtor’s discharge for 60 days from the date that the motion is filed, or for such additional time as the court deems necessary. There are two types of Hawaii Debtors Motion To Defer Entry of Discharge and Enlarge Time To File Reaffirmation Agreement: (1) An individual motion to defer entry of discharge and enlarge time to file a reaffirmation agreement; and (2) a joint motion to defer entry of discharge and enlarge time to file a reaffirmation agreement. The individual motion is filed by a single consumer debtor, while the joint motion is filed by two or more consumer debtors.

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How to fill out Hawaii Debtors Motion To Defer Entry Of Discharge And Enlarge Time To File Reaffirmation Agreement?

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FAQ

By the Court not approving the Reaffirmation Agreement, you will still receive a Discharge to the underlying debt! You merely continue to make the regular payments and the creditor is unable to repossess the collateral as there is no basis for repossession? just like if the Reaffirmation Agreement was approved.

A reaffirmation agreement is an agreement between a chapter 7 debtor and a creditor that the debtor will pay all or a portion of the money owed, even though the debtor has filed bankruptcy. In return, the creditor promises that, as long as payments are made, the creditor will not repossess or take back its collateral.

You or your creditor must file with the court the original of this Reaffirmation Documents packet and a completed Reaffirmation Agreement Cover Sheet (Official Bankruptcy Form 27).

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.

Typically, a bankruptcy lawyer can help you write and negotiate a reaffirmation agreement. Once you have a written agreement, there may be a reaffirmation hearing where the judge reviews the agreement.

Creditors frequently do not automatically generate reaffirmation agreements. Sometimes creditors may not even file a reaffirmation agreement even after you have signed and returned the agreement to them.

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A reaffirmation agreement shall be filed no later than 60 days after the first date set for the meeting of creditors under §341(a) of the Code. 4004(c)(1)(J) (court may not enter discharge if "a motion to enlarge time to file a reaffirmation agreement under Rule 4008(a) is pending"); FED.Bankruptcy court shall not grant a discharge whenever a motion to enlarge the time to file a reaffirmation agreement is pending. Fed.Rules. Bankr.Proc. The court has discretion to enlarge the time to file a reaffirmation agreement. Id. A debtor can make a motion to defer entry of the discharge if they need Discharge under § 727(a)(12) is pending;. (J) a motion to enlarge the time to file a reaffirmation agreement under Rule 4008(a) is pending;. Discouraging abuse of reaffirmation agreement practices. Debtor may file a motion to extend the stay as to some or all creditors. Prior to filing a petition under the Bankruptcy Code, debtors are required to complete a credit counseling session with an approved.

Hawaii Debtors Motion To Defer Entry of Discharge and Enlarge Time To File Reaffirmation Agreement

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