Form 240a Sample - Reaffirmation Agreement Page 5
ADVERTISEMENT
1
2
3
4
5
6
7
8
9
10Form 240A - Reaffirmation Agreement (Cont.)
4
2. INSTRUCTIONS AND NOTICE TO DEBTOR
These 7 'bullet
Reaffirming a debt is a serious financial decision. The law requires you to take certain
points' along
steps to make sure the decision is in your best interest. If these steps are not completed, the
with
reaffirmation agreement is not effective, even though you have signed it.
introductory
paragraph
1. Read the disclosures in this Part A carefully. Consider the decision to reaffirm
must be
included
carefully. Then, if you want to reaffirm, sign the reaffirmation agreement in Part B (or you may
use a separate agreement you and your creditor agree on).
2. Complete and sign Part D and be sure you can afford to make the payments you are
agreeing to make and have received a copy of the disclosure statement and a completed and
signed reaffirmation agreement.
3. If you were represented by an attorney during the negotiation of your reaffirmation
agreement, the attorney must have signed the certification in Part C.
4. If you were not represented by an attorney during the negotiation of your reaffirmation
agreement, you must have completed and signed Part E.
5. The original of this disclosure must be filed with the court by you or your creditor. If a
separate reaffirmation agreement (other than the one in Part B) has been signed, it must be
attached.
6. If the creditor is not a Credit Union and you were represented by an attorney during
the negotiation of your reaffirmation agreement, your reaffirmation agreement becomes effective
upon filing with the court unless the reaffirmation is presumed to be an undue hardship as
explained in Part D. If the creditor is a Credit Union and you were represented by an attorney
during the negotiation of your reaffirmation agreement, your reaffirmation agreement becomes
effective upon filing with the court.
7. If you were not represented by an attorney during the negotiation of your reaffirmation
agreement, it will not be effective unless the court approves it. The court will notify you and the
creditor of the hearing on your reaffirmation agreement. You must attend this hearing in
bankruptcy court where the judge will review your reaffirmation agreement. The bankruptcy
court must approve your reaffirmation agreement as consistent with your best interests, except
that no court approval is required if your reaffirmation agreement is for a consumer debt secured
by a mortgage, deed of trust, security deed, or other lien on your real property, like your home.
ADVERTISEMENT
0 votes
Related Articles
Related forms
Related Categories
Parent category: Business