How to Reaffirm a Debt
- 1). Inform your bankruptcy attorney you wish to reaffirm a debt. Your attorney must certify that she has disclosed the legal consequences of reaffirmation agreements, that you voluntarily signed the agreement and that it will not create an undue hardship.
- 2). Fill out any paperwork the attorney needs you to sign: reaffirmation agreement paperwork, disclosure notifications and the statement of income and expenses. The attorney files these papers with the court. You are not required to attend a hearing. Your attorney notifies you of any status updates or conflicts with your agreement.
- 3). Make your regular payments to the original creditor. Continue making your payments throughout the entire process.
- 1). Download the reaffirmation documents from the United States Courts website. The instructions on Form 240A/B indicate which forms you must file depending on your particular circumstances. These documents state the terms of the agreement including total amount, annual percentage rate and the repayment terms.
- 2). File the documents with the court clerk. Keep a copy for your files. Send the documents certified mail returned receipt requested. This verifies that your paperwork was received by the court and the specific date they received it. A hearing date is set to meet with the judge.
- 3). Attend the hearing with the judge. The judge approves or denies your reaffirmation agreement depending on your particular situation. You are asked to explain your reasons for reaffirming the debt, if you understand the agreement, if you can maintain the payments and whether the payments will create a hardship.
- 4). Make your regular payments to the original creditor. Continue making your payments throughout the entire process.