Form B 2400A/B ALT, available from www.uscourts.gov/forms/bankruptcy-forms/reaffirmation-agreement-0. The law firm Kevin D. Judd has been working for nearly 20 years to help victims of debt. We have the knowledge and experience to guide you through your bankruptcy and decide with you when a confirmation agreement is in your best interest. Other options may be available. Do not include a confirmation agreement without talking to a lawyer at the law firm Kevin D. Judd. We offer you a free consultation and all you need to do is fill out an application form or call (202) 483-6070. Let`s deal with this delicate situation with you.
Certainly, under bankruptcy laws, there is no need to enter into confirmation agreements for each guaranteed debt that the debtor will continue to pay. Signing a confirmation agreement in Chapter 7 of bankruptcy is a complicated decision. Therefore, you should always discuss the option with a qualified bankruptcy lawyer before signing the contract. When reviewing a confirmation agreement, you ask yourself the following questions: The debtor may revoke a confirmation agreement by resigning the creditor before going to the debtor`s discharge or within 60 days of filing the agreement, depending on what happens later.  Think of the case of a bank with a security interest in the debtor`s vehicle and an unsecured debt resulting from a credit card. The bank requires the debtor to confirm the two debts in order to retain the vehicle and sends the debtor separate agreements proposing to repeat the two debts in accordance with their respective contractual terms. The debtor signs both and they are deposited on time. The bank seems to have won the battle. However, it will lose the war, because as soon as the debtor renounces the credit card agreement, the bank will have no legal basis to take back the vehicle, unless the debtor is late for the confirmed loan for the vehicle. On the other hand, if the debt is dealt with in a single agreement, the debtor cannot denounce the agreement without risking the loss of the vehicle. However, this strategy should be avoided if one of the debts is secured by real estate, so that the creditor does not accidentally waive the anti-modification protections granted to mortgage lenders in Chapter 11 or 13.   See z.B Bobka v.
Toyota Motor Credit Corp., 968 F.3d 946, 951 (9 cir. 2020) (“No Appelle Court has so far verified whether the underwriters under Section 365, point p) require confirmation under Section 524 (c) and have reached different conclusions.” (Collective cases). The Ninth Arrondissement finally found that the debtor`s obligations arising from a leasing contract, in accordance with . 365 (p) are excluded from the discharge, notwithstanding the failure of the debtor or creditor to submit an agreement to confirm the undertaking. (a) the submission of a confirmation agreement. A confirmation agreement is presented no later than 60 days after the first date of the creditors` meeting under Section 341, point a) of the code. The confirmation agreement is accompanied by a cover sheet drawn up in accordance with the corresponding official form. The court may, at any time and at its sole discretion, extend the time required to present a confirmation agreement. In fact, you should not sign a confirmation agreement without first talking to your lawyer.
You should never choose to enter into a confirmation agreement alone. Always discuss options with a qualified bankruptcy lawyer. Don`t be pressured by creditors to sign these agreements. Kevin D. Judd is a bankruptcy lawyer in Washington DC with a wealth of experience who helps individuals cope with bankruptcy. It can help you decide when and when you will finish the speeches. Section 4008 is also amended by removing the provisions relating to the date of a confirmation and discharge hearing. As noted above, point 524 m itself requires that hearings be held on unreasonable cases before the discharge is opened.