Kentucky Order on Reaffirmation Agreement

State:
Kentucky
Control #:
KY-SKU-0327
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PDF
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Description

Order on Reaffirmation Agreement

A Kentucky Order on Reaffirmation Agreement is an order issued by a court in the state of Kentucky that confirms the validity of a reaffirmation agreement between a debtor and a creditor. Reaffirmation agreements are contracts that allow a debtor to keep a particular asset (such as a car or a home) even after filing for bankruptcy. The agreement states that the debtor will pay all or part of the debt, which will be released from the bankruptcy estate. The Kentucky Order on Reaffirmation Agreement is issued after the debtor and creditor have entered into the reaffirmation agreement, and it is signed by the court. The order will state that the debtor and creditor have agreed to the terms and conditions of the reaffirmation agreement and that it is enforceable. The order also serves as a reminder to the debtor that they are still responsible for the debt and that they must make payments according to the agreement. There are two types of Kentucky Order on Reaffirmation Agreement: voluntary and involuntary. Voluntary reaffirmation agreements are those in which the debtor and creditor have both agreed to the terms and conditions of the agreement. Involuntary reaffirmation agreements are those in which the court has determined that the debtor is not able to pay the debt and the agreement is enforced by the court.

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FAQ

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.

Rescission of Reaffirmation Agreements The Bankruptcy Code permits you to rescind a reaffirmation agreement at any time prior to the date the Bankruptcy Court issues a discharge order, or within 60 days after the reaffirmation agreement is filed with the court, whichever event occurs later.

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 reaffirmation agreement is where you agree to pay a debt even though you could have eliminated the debt in your bankruptcy case. When you reaffirm a debt, you continue to be legally responsible for paying it back. This gives the creditor some legal rights.

Reaffirmation is an agreement by a debtor, to a lender, to repay some or all of their debt. Debtors make reaffirmation agreements purely voluntarily.

If a debtor signs a reaffirmation agreement, the debtor agrees to pay a debt that otherwise might be discharged in his or her bankruptcy case.

If the reaffirmation agreement is not filed with the bankruptcy court prior to the discharge date, it may be ineffective and the bankruptcy court can deny approval of the reaffirmation agreement altogether. It is totally voluntary that a debtor and creditor sign a reaffirmation agreement.

More info

If you want to reaffirm, review and complete the information contained in the Reaffirmation Agreement (Part I above). 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.As initially enacted in 1978, Section 524 prescribed a formal reaffirmation process in order to preserve the paramountcy of a debtor's discharge. The creditor and debtor must fully complete the form indicating the nature of the debt, the value of the collateral, and the reason for reaffirmation. The form for this is Form 240A Reaffirmation Agreement. Note also: If you complete Part E, you must prepare and file Form 2400C ALT - Order on Reaffirmation Agreement. A reaffirmation agreement is a written contract between the debtor filing Chapter 7 bankruptcy and the lender or creditor. 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. TEACH Grant Agreement to Serve or Repay. How do reaffirmation agreements work and what are my options?

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Kentucky Order on Reaffirmation Agreement