Elizabeth New Jersey Reaffirmation Agreement

State:
New Jersey
City:
Elizabeth
Control #:
NJ-BKR-801
Format:
Word; 
PDF; 
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Description

The reaffirmation agreement is used to reaffirm a particular debt. Once the debtor signs the agreement, the debtor gives up any protection of the bankruptcy discharge against the particular debt. The debtor is not required to enter into this agreement by any law.

Elizabeth New Jersey Reaffirmation Agreement is a legal document that allows individuals in Elizabeth, New Jersey, to reaffirm their existing debts during bankruptcy proceedings. This agreement is typically used when debtors wish to retain possession of certain assets secured by debts, such as a vehicle or a home, and continue making payments on those debts. By reaffirming a debt, individuals essentially agree to continue being legally obligated to repay the debt, as if the bankruptcy had never been filed. This ensures that the creditor can continue to collect payments and helps the debtor retain possession of their secured assets. There are different types of Elizabeth New Jersey Reaffirmation Agreements based on the specific types of debts being reaffirmed. These can include: 1. Vehicle Reaffirmation Agreement: This type of agreement is used when a debtor wants to keep their vehicle and continue making payments on their car loan or lease during bankruptcy. 2. Mortgage Reaffirmation Agreement: When individuals want to keep their home and continue making mortgage payments, a mortgage reaffirmation agreement comes into play. This agreement typically applies to individuals seeking to reaffirm their residential mortgage. 3. Personal Property Reaffirmation Agreement: This type of agreement is used for other personal property, such as furniture or appliances, that are pledged as collateral for a loan. Debtors can choose to reaffirm these debts to retain ownership of the property and continue making payments. 4. Secured Credit Card Reaffirmation Agreement: In some cases, individuals may have a secured credit card that is linked to collateral, such as a cash deposit. By reaffirming this debt, individuals can retain their secured credit card and maintain their credit history. In summary, the Elizabeth New Jersey Reaffirmation Agreement is a legal document that allows debtors to retain possession of secured assets and continue making payments on their debts during bankruptcy. The various types of agreements include vehicle reaffirmation, mortgage reaffirmation, personal property reaffirmation, and secured credit card reaffirmation.

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FAQ

If you want to file a reaffirmation agreement, you need to do so within 60 days of the first date of the meeting of creditors. Once you submit it, it must be accepted by the creditor.

Reaffirmation Provides Certainty Against Repossession If you don't sign a reaffirmation agreement, the lender can repossess your car after your case closes and the automatic stay lifts. Some car lenders are known to repossess the car immediately, even if you are current on payments.

The signed agreement must be filed with the court no later than 60 days after the first date set for the meeting of creditors, so that the court will have time to schedule a hearing to approve the agreement if approval is required.

Either way - if the reaffirmation agreement is not approved, your personal liability is discharged. And - just like when the court denies approval of the reaffirmation - most lenders will simply keep everything the same, as long as you make timely payments and keep the vehicle insured.

Reaffirming a mortgage debt requires a comprehensive multi-page reaffirmation agreement that must be filed with the court. The reaffirmation agreement also requires the debtor's bankruptcy attorney to indicate that he or she has read the agreement and that it does not impose any undue hardship on the client.

A reaffirmation agreement essentially states that the debtor will pay some or all of the debt, instead of having it discharged. In exchange, the creditor commits to refraining from repossessing collateral property from the debtor.

Reaffirmation agreements are strictly voluntary. A debtor is not required to reaffirm any of his or her debts. 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.

A reaffirmation agreement allows you to agree with a lender to keep your collateral after filing for bankruptcy. Common types of loans you may make a reaffirmation agreement for include home loans, auto loans or any other significant collateral you use regularly.

The agreement is voluntary for you and for the creditor?the creditor may refuse to offer a reaffirmation. All parties need to move quickly to get an agreement reviewed, signed, and filed.

More info

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Elizabeth New Jersey Reaffirmation Agreement