A debtor in a bankruptcy case may decide to remain legally obligated to pay a debt that would otherwise be discharged in bankruptcy. This is called reaffirming a debt. Reaffirming a debt is voluntary; debtors are not required to reaffirm any debt.
The Bankruptcy Code allows debtors to reaffirm debts, but an agreement to reaffirm a debt will be enforceable despite the bankruptcy discharge only if it complies with specific procedures.
Per Local Rule 4008-1:
As to any reaffirmation agreement which may be filed with the Court, the requirement of a hearing as set forth in 524(d) shall be deemed waived unless a party to the agreement specifically requests a hearing or the debtor has filed pro se, in which case a hearing will be scheduled in accordance with 524(c)(6)(A). The hearing must be requested when the agreement is filed with the Court and shall be held within sixty (60) days.
- Form B 427 - Reaffirmation Agreement Cover Sheet (required with all Agreements)
- Form B 2400A - Reaffirmation Documents
- Form B 2400B - Motion for Approval of Reaffirmation Agreement (required if debtor(s) is pro se or not represented by counsel during the course of negotiating the agreement)
- Optional Form-Form B 2400 A/B Alt (combined Reaffirmation Agreement with Motion for Approval)