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Specific Forms - (Selected Forms)
Official form 2400A/B Alt, Reaffirmation Agreement

Official form 2400A/B Alt, Reaffirmation Agreement

by

Presumption of Undue Hardship

No Presumption of Undue Hardship

(Check box as directed in Part D: Debtor’s Statement in Support of Reaffirmation Agreement.)   

UNITED STATES BANKRUPTCY COURT ____________________District of___________________ In re ____________________________, Case No.__________________ Debtor Chapter________________

REAFFIRMATION AGREEMENT

[Indicate all documents included in this filing by checking each applicable box.]

Part A: Disclosures, Instructions, and Notice to Debtor (pages 1-5)

Part B: Reaffirmation Agreement

Part C: Certification by Debtor’s Attorney 

Part D: Debtor’s Statement in Support of Reaffirmation Agreement 

Part E: Motion for Court Approval

[Note: Complete Part E only if debtor was not represented by an attorney during the course of negotiating this agreement. Note also: If you complete Part E, you must prepare and file Form 2400C ALT - Order on Reaffirmation Agreement.]

Name of Creditor:______________________________________________ 

[Check this box if] Creditor is a Credit Union as defined in §19(b)(1)(a)(iv) of the Federal Reserve Act

PART A: DISCLOSURE STATEMENT, INSTRUCTIONS AND NOTICE TO DEBTOR  

Before Agreeing to Reaffirm a Debt, Review These Important Disclosures:

SUMMARY OF REAFFIRMATION AGREEMENT 

This Summary is made pursuant to the requirements of the Bankruptcy Code.

AMOUNT REAFFIRMED The amount of debt you have agreed to reaffirm: $________________

The amount of debt you have agreed to reaffirm includes all fees and costs (if any) that have accrued as of the date of this disclosure. Your credit agreement may obligate you to pay additional amounts which may come due after the date of this disclosure. Consult your credit agreement.   

ANNUAL PERCENTAGE RATE

[The annual percentage rate can be disclosed in different ways, depending on the type of debt.] 

(i) The Annual Percentage Rate disclosed, or that would have been disclosed, to the debtor in the most recent periodic statement prior to entering into the reaffirmation agreement described in Part B below or, if no such periodic statement was given to the debtor during the prior six months, the annual percentage rate as it would have been so disclosed at the time of the disclosure statement: ______%. 

--- And/Or --- 

(ii) The simple interest rate applicable to the amount reaffirmed as of the date this disclosure statement is given to the debtor: __________%. If different simple interest rates apply to different balances included in the amount reaffirmed, the amount of each balance and the rate applicable to it are: 

$ _________@ _________%;

$_________ @ _________%;

$_________ @ _________%.  

(i) The Annual Percentage Rate under §128(a)(4) of the Truth in Lending Act, as disclosed to the debtor in the most recent disclosure statement given to the debtor prior to entering into the reaffirmation agreement with respect to the debt or, if no such disclosure statement was given to the debtor, the annual percentage rate as it would have been so disclosed: _________%.

--- And/Or ---

(ii) The simple interest rate applicable to the amount reaffirmed as of the date this disclosure statement is given to the debtor: __________%. If different simple interest rates apply to different balances included in the amount reaffirmed, the amount of each balance and the rate applicable to it are:  

$ _________@ _________%;

$_________ @ _________%;

$_________ @ _________%. 

The interest rate on your loan may be a variable interest rate which changes from time to time, so that the annual percentage rate disclosed here may be higher or lower.

 

Item or Type of Item            Original Purchase Price or Original Amount of Loan Optional---

At the election of the creditor, a repayment schedule using one or a combination of the following may be provided:

Repayment Schedule:

Your first payment in the amount of $___________ is due on _________(date), but the future payment amount may be different. Consult your reaffirmation agreement or credit agreement, as applicable 

— Or —

Your payment schedule will be: _________(number) payments in the amount of $___________ each, payable (monthly, annually, weekly, etc.) on the __________ (day) of each ____________ ( week, month, etc.), unless altered later by mutual agreement in writing.

—Or —

A reasonably specific description of the debtor’s repayment obligations to the extent known by  the creditor or creditor’s representative

 

Reaffirming a debt is a serious financial decision. The law requires you to take certain steps to make sure the decision is in your best interest. If these steps are not completed, the reaffirmation agreement is not effective, even though you have signed it  

 

YOUR RIGHT TO RESCIND (CANCEL) YOUR REAFFIRMATION AGREEMENT You may rescind (cancel) your reaffirmation agreement at any time before the bankruptcy court enters a discharge order, or before the expiration of the 60-day period that begins on the date your reaffirmation agreement is filed with the court, whichever occurs later. To rescind (cancel) your reaffirmation agreement, you must notify the creditor that your reaffirmation agreement is rescinded (or canceled).

 

Frequently Asked Questions: What are your obligations if you reaffirm the debt? A reaffirmed debt remains your personal legal obligation. It is not discharged in your bankruptcy case. That means that if you default on your reaffirmed debt after your bankruptcy case is over, your creditor may be able to take your property or your wages. Otherwise, your obligations will be determined by the reaffirmation agreement which may have changed the terms of the original agreement. For example, if you are reaffirming an open end credit agreement, the creditor may be permitted by that agreement or applicable law to change the terms of that agreement in the future under certain conditions.

Are you required to enter into a reaffirmation agreement by any law? No, you are not required to reaffirm a debt by any law. Only agree to reaffirm a debt if it is in your best interest. Be sure you can afford the payments you agree to make.

What if your creditor has a security interest or lien? Your bankruptcy discharge does not eliminate any lien on your property. A ‘‘lien’’ is often referred to as a security interest, deed of trust, mortgage or security deed. Even if you do not reaffirm and your personal liability on the debt is discharged, because of the lien your creditor may still have the right to take the property securing the lien if you do not pay the debt or default on it. If the lien is on an item of personal property that is exempt under your State’s law or that the trustee has abandoned, you may be able to redeem the item rather than reaffirm the debt. To redeem, you must make a single payment to the creditor equal to the amount of the allowed secured claim, as agreed by the parties or determined by the court.

NOTE: When this disclosure refers to what a creditor ‘‘may’’ do, it does not use the word “may’’ to give the creditor specific permission. The word ‘‘may’’ is used to tell you what might occur if the law permits the creditor to take the action. If you have questions about your reaffirming a debt or what the law requires, consult with the attorney who helped you negotiate this agreement reaffirming a debt. If you don’t have an attorney helping you, the judge will explain the effect of your reaffirming a debt when the hearing on the reaffirmation agreement is held. 

PART B: REAFFIRMATION AGREEMENT. I (we) agree to reaffirm the debts arising under the credit agreement described below.

 

SIGNATURE(S): Borrower: Accepted by creditor: ______________________________ ______________________________ (Print Name) ______________________________ (Signature) (Printed Name of Creditor) ______________________________ (Address of Creditor) Date: ________________ ______________________________ (Signature) Co-borrower, if also reaffirming these debts: ______________________________ ____________________________ (Print Name) (Printed Name and Title of Individual Signing for Creditor) ____________________________ (Signature) Date of creditor acceptance: Date: ________________ _______________________   

PART C: CERTIFICATION BY DEBTOR’S ATTORNEY (IF ANY).

[To be filed only if the attorney represented the debtor during the course of negotiating this agreement.]

 

I hereby certify that (1) this agreement represents a fully informed and voluntary agreement by the debtor; (2) this agreement does not impose an undue hardship on the debtor or any dependent of the debtor; and (3) I have fully advised the debtor of the legal effect and consequences of this agreement and any default under this agreement. 

[Check box, if applicable and the creditor is not a Credit Union.] A presumption of undue hardship has been established with respect to this agreement. In my opinion, however, the debtor is able to make the required payment.

Printed Name of Debtor’s Attorney: _______________________________

Signature of Debtor’s Attorney: ___________________________________

Date: ______________  

PART D: DEBTOR’S STATEMENT IN SUPPORT OF REAFFIRMATION AGREEMENT

[Read and complete sections 1 and 2, OR, if the creditor is a Credit Union and the debtor is represented by an attorney, read section 3. Sign the appropriate signature line(s) and date your signature. If you complete sections 1 and 2 and your income less monthly expenses does not leave enough to make the payments under this reaffirmation agreement, check the box at the top of page 1 indicating “Presumption of Undue Hardship.” Otherwise, check the box at the top of page 1 indicating “No Presumption of Undue Hardship”]

  1. (Use an additional page if needed for a full explanation.)

 

Signed: ____________________________________ (Debtor) _____________________________________ (Joint Debtor, if any)

 

Date: ___________________

 

Or — [If the creditor is a Credit Union and the debtor is represented by an attorney]

 

Signed: ____________________________________ (Debtor) _____________________________________ (Joint Debtor, if any)

 

Date: ___________________  

 

PART E: MOTION FOR COURT APPROVAL [To be completed and filed only if the debtor is not represented by an attorney during the course of negotiating this agreement.]

 

MOTION FOR COURT APPROVAL OF REAFFIRMATION AGREEMENT

 

I (we), the debtor(s), affirm the following to be true and correct:

 

I am not represented by an attorney in connection with this reaffirmation agreement.

 

I believe this reaffirmation agreement is in my best interest based on the income and expenses I have disclosed in my Statement in Support of this reaffirmation agreement, and because (provide any additional relevant reasons the court should consider):

 

Therefore, I ask the court for an order approving this reaffirmation agreement under the following provisions (check all applicable boxes):

 

11 U.S.C. § 524(c)(6) (debtor is not represented by an attorney during the course of the negotiation of the reaffirmation agreement)

 

11 U.S.C. § 524(m) (presumption of undue hardship has arisen because monthly expenses exceed monthly income)

 

Signed:_______________________________ (Debtor) _______________________________ (Joint Debtor, if any)

 

Date:  

 

Automatically apply the Perry County expense standards, and Ohio income standards to your means test calculation.

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