Reaffirmation Of Debt

Reaffirmation of debt occurs when a debtor who has discharged a particular debt in bankruptcy enters into a separate agreement with the creditor to voluntarily repay the debt. Typically, reaffirmation of debt agreements must be executed prior to the debt being discharged in bankruptcy proceedings, and must include a statement that the debtor can back out of the agreement within a certain period of time. The bankruptcy court must approve the reaffirmation agreement, and if the debtor is represented by an attorney, the attorney must certify that the agreement is voluntary, and will not be an undue hardship on the debtor. These provisions in the law regarding reaffirmation of debt agreements exist so as to ensure that creditors are not taking advantage of debtors, or exerting any undue influence on them.

Fast Facts

    There are 19 different categories of debts that are not dischargeable under the U.S. Bankruptcy Code.
  • The most common types of debts that are not dischargeable are student loans, child support, spousal support, and tax claims.

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