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Motion to enlarge time for filing reaffirmation agreements - first motion

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Multi-State
Control #:
US-BK-0011
Format:
Word
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Description Reaffirmation Agreements

Motion to enlarge time for filing reaffirmation agreements - first motion
A Motion to Enlarge Time for Filing Reaffirmation Agreements — First Motion is a legal document used to request an extension of the time frame for filing a reaffirmation agreement in a bankruptcy case. Reaffirmation agreements are voluntary contracts that are entered into between debtors and their creditors, wherein the debtor agrees to pay a discharged debt in exchange for keeping the asset acquired with the debt. This motion is usually made by the debtor’s attorney and must be approved by the court in order to be valid. The motion typically includes the current date, the debtor’s name, and the court in which the motion is filed. It also includes a request for the court to extend the time period for filing the reaffirmation agreement, the reasons why the extension is needed, and the proposed new deadline. Different types of Motion to Enlarge Time for Filing Reaffirmation Agreements — First Motion may include a motion for a temporary or a permanent extension.

A Motion to Enlarge Time for Filing Reaffirmation Agreements — First Motion is a legal document used to request an extension of the time frame for filing a reaffirmation agreement in a bankruptcy case. Reaffirmation agreements are voluntary contracts that are entered into between debtors and their creditors, wherein the debtor agrees to pay a discharged debt in exchange for keeping the asset acquired with the debt. This motion is usually made by the debtor’s attorney and must be approved by the court in order to be valid. The motion typically includes the current date, the debtor’s name, and the court in which the motion is filed. It also includes a request for the court to extend the time period for filing the reaffirmation agreement, the reasons why the extension is needed, and the proposed new deadline. Different types of Motion to Enlarge Time for Filing Reaffirmation Agreements — First Motion may include a motion for a temporary or a permanent extension.

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Motion Filing Application Other Form Names

Enlarge Time   Motion Filing Fill   Reaffirmation Agreements Agreement   Motion Time Filing   Enlarge Time File   Motion Filing Document   Motion Filing Pdf  

Motion Enlarge Reaffirmation FAQ

Secured debts like mortgages are still debts and therefore can be discharged through bankruptcy. But, the only way to keep the item securing the debt is to continue to pay for them. Reaffirmation agreements for mortgages are possible, but not necessary. They are, however, always subject to court approval.

Can you file a reaffirmation agreement after discharge? Once a discharge order has been entered in your bankruptcy case, you can no longer reaffirm any of the debts included in the discharge agreement. The same goes for if your case has been closed by the court.

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.

Yes. You can cancel (or ?rescind?) your reaffirmation agreement, even if a judge has already approved it. NOTE: WE STRONGLY RECOMMEND THAT YOU SPEAK WITH AN ATTORNEY TO ADVISE YOU ABOUT THE CONSEQUENCES OF CANCELLING A REAFFIRMATION AGREEMENT IN YOUR CASE.

An executed reaffirmation agree- ment may be filed by any party, including the debtor or a creditor. It must be filed within 60 days after the first date set for the first meeting of creditors in the bankruptcy case unless the deadline is extended by the bankruptcy court.

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.

You can keep your car and continue making the payments by entering into a reaffirmation agreement with your car lender during your bankruptcy case. It's up to the bankruptcy court to approve a reaffirmation agreement or up to your attorney, if you have one, to sign off on it.

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

P. 4008(a) for an extension of time to file a reaffirmation agreement and delay entry of the debtor's discharge up to 60 days, provided that the motion is. On January 4, the debtor filed a motion to extend the deadline, explaining that he had first requested the reaffirmation agreements from.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;. 30 days of the petition date. • The court will set untimely filed motions within 14 days. Debtor or creditor may, at any time, file a motion to enlarge the time to file a reaffirmation agreement. Fed. 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 On motion of any party in interest, after hearing on notice, the court may for cause extend the time fixed under this subdivision.

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Motion to enlarge time for filing reaffirmation agreements - first motion