Reaffirmation Agreement Hearing Requirements

08/20/2015


No Presumption of Undue Hardship


 

Agreement Signed by Debtor's Attorney (Debtor represented during the negotiation of the agreement)

 

EE Cases

KMS Cases

NPO Cases

No Court Action

No Court Action

No Court Action

 

*Agreement Not Signed by Debtor's Attorney (Debtor Pro-Se during the negotiation of the agreement)

 

 

*Applies to all creditors, including Credit Unions)

 

EE Cases

KMS Cases

NPO Cases

Set for Hearing

Set for Hearing

Set for Hearing

 

 

EE Cases

KMS Cases

NPO Cases

No Court Action

No Court Action

No Court Action

 

 


Presumption of Undue Hardship


 

Agreement Signed by Debtor's Attorney and the *Creditor is not a Credit Union.  See 11 U.S.C. § 524(M)(2)

 

EE Cases

KMS Cases

NPO Cases

Set for Hearing

Court Review

    Set for Hearing

     

     

    No Hearing or Court Review is required when the agreement is signed by the debtor's attorney AND the creditor is a *Credit Union.

     

    *Credit Union as defined in section 19(b)(1)(A)(iv) of the Federal Reserve Act

     

     

    Agreement Not Signed by Debtor's Attorney (Debtor Pro-Se during the negotiation of the agreement)

     

     

    *Applies to all creditors, including Credit Unions)

     

    EE Cases

    KMS Cases

    NPO Cases

    Set for Hearing

    Set for Hearing

    Set for Hearing

     

     

    EE Cases

    KMS Cases

    NPO Cases

    No Court Action

    No Court Action

    No Court Action