Hot Student Stories
top-5-grammar-and-spelling-checkers-to-rock-in-2019

Can you reaffirm unsecured debts when filing a chapter 13?

Nicholas Rivera

in Student Loans

follow
followin
1 answer
1 view

1 answer


James Washington on October 5, 2018

No. Reaffirmation of debt is an option only in Chapter 7. Your unsecured creditors are paid according to your chapter 13 plan. . Response . Five requirements exist under the the Bankruptcy Code in order to determine if a reaffirmation agreement is valid:. 1. The reaffirmation agreement must be entered into before the download and then must be filed with the court;. 2. The agreement must state that the debtor has the right to terminate the contract within 60 days after itï¿so filed on or before discharge (whichever is later);. 3. If the debtor is represented by an attorney, the attorney must sign and provide an affidavit verifying that the agreement is voluntary and does not impose an undue burden on the debtor;. 4. The debtor may not terminate the contract within the time required;. 5. That the agreement complies with the requirements of �524(c); and. 6. If the debtor is not represented by an attorney then the court will approve the reaffirmation agreement if there is not an excessive load is imposed and the reaffirmation is in the best interest of the least it�s a consumer debt that�s secured by real property.. Reaffirmation agreements are usually signed when the debtor wants to keep property that is collateral for a loan, such as a house or a car. It would be very unlikely that a court will approve the reaffirmation of a debt that is not guaranteed. However, there is nothing stopping you from voluntarily paying the debt despite the discharge of the debt.


Add you answer