What Is Reaffirmation?
Article from National Criminal Justice Reference Service
Reaffirmation is a procedure by which you agree to pay a debt that would otherwise be discharged in bankruptcy. You may wish to keep your car, and thus may agree with your lender to continue to be responsible for the car loan. If you make the choice to “reaffirm” a debt, you will file a reaffirmation agreement with the Court, which will evaluate that agreement. It is up to the Court whether or not the agreement will be approved. Before a Court will approve a reaffirmation agreement, it must believe that the agreement:
- Is voluntary;
- Is in your best interest; and
- Will not create an undue hardship.
You may be able to cancel a reaffirmation agreement, within sixty days of filing it with the court, or before your bankruptcy petition is approved. Be cautious with reaffirmation, as you will continue to owe the debt as if you had never filed for bankruptcy.
Carolyn Secor is a Clearwater bankruptcy attorney and Clearwater foreclosure attorney serving Palm Harbor, New Port Richey, Oldsmar, Tarpon Springs, Seminole, St. Petersburg, and the Tampa Bay area. If you would like more information on our practice, please consult our website at www.bankruptcyfortampa.com or call 727-335-7151.