Reaffirmation Agreement Hearing Requirements

Rev. 1/15/2019

 

11 U.S.C. § 524


No Presumption of Undue Hardship


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

 

KMS Cases

NPO Cases

No Court Action

No Court Action

 

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

 

  • Consumer (Personal) Debt secured by Personal Property  See 11 U.S.C. § 524(c)(6)(A)

  • Non-Consumer (Business) Debt  secured by Real Property See 11 U.S.C. § 524(c)(6)(B)   

 

*Applies to all creditors, including Credit Unions)

 

KMS Cases

NPO Cases

Set for Hearing

Set for Hearing

 

  • Consumer (personal) Debt Secured by Real Property See 11 U.S.C. § 524(c)(6)(B)  

 

KMS Cases

NPO Cases

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)

 

KMS Cases

NPO Cases

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)

 

  • Consumer (Personal) Debt secured by Personal Property  See 11 U.S.C. § 524(c)(6)(A)

  • Non-Consumer (Business) Debt  secured by Real Property See 11 U.S.C. § 524(c)(6)(B)   

 

*Applies to all creditors, including Credit Unions)

 

KMS Cases

NPO Cases

Set for Hearing

Set for Hearing

 

  • Consumer (personal) Debt Secured by Real Property See 11 U.S.C. § 524(c)(6)(B)  

 

KMS Cases

NPO Cases

No Court Action

No Court Action