Even if a debt can be discharged, you may have special reasons why you want to promise to pay it. For example, you may want to negotiate a better deal or bring current with the bank on your car or home. To promise to pay that debt, you must sign and file a reaffirmation agreement with the court. Reaffirmation agreements are required by bankruptcy law on vehicles only. Reaffirmation agreements–
- must be voluntary;
- must not place too heavy a burden on you or your family;
- must be in your best interest; and
- can be canceled anytime before the court issues your discharge or within 60 days after the agreement is filed with the court, whichever gives you the most time.
If you are an individual and you are not represented by an attorney, or it has been established that the agreement falls under “Undue Hardship” the court must hold a hearing to decide whether to approve the reaffirmation agreement. The agreement will not be legally binding until the court approves it. If the court does not approve the agreement, you do not lose the car or house unless you have not been paying on the loan.
If you reaffirm a debt and then fail to pay it, you owe the debt the same as though there was no bankruptcy. The debt will not be discharged and the creditor can take action to recover any property on which it has a lien or mortgage. The creditor can also take legal action to recover a judgment against you. - – and in financial trouble again.
