Reaffirmation agreements

Produced by Attorney Mariah Jennings-Rampsi for MassLegalHelp
Created October 2016

Are You Reaffirming Any Secured Debts?

You listed all your property on Schedules A/ B.  Some of your property, like your mortgage or car loan, may be collateral for a debt.  You listed your debts on Schedule D.  Then you stated if you wanted to keep that property or return it, on the Statement of Debtor’s Intention.

If you chose to reaffirm any secured debts, most lenders will send you a reaffirmation packet after you file your case.  Call the lender if you do not get a reaffirmation packet.

The "Reaffirmation Agreement" says you want to keep the property. It also says you agree that you still owe the debt and you will keep making payments.

If you want to change the terms of the loan, ask the lender for the terms you want.  Once you have a satisfactory agreement, complete the forms, sign them, and return them to the lender.

The lender will sign the agreement and file it with a motion at the court. The motion asks the court to approve the agreement.

The bankruptcy court decides if you can make this agreement at a hearing.  You will get notice in the mail of a hearing date, time and location for the motion.  The judge may have questions for you, like how you will make the loan payment.  Answer the judge’s questions.

Filing without a lawyer

  • Bankruptcy is complicated. Filing without a lawyer is risky.
  • You can lose property and money. You can go to jail if you do not tell the truth.

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