Reaffirmation Agreement Hearing Requirements

08/20/2015

 

11 U.S.C. § 524


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)

 

  • 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)

 

EE Cases

KMS Cases

NPO Cases

Set for Hearing

Set for Hearing

Set for Hearing

 

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

 

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)

 

  • 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)

 

EE Cases

KMS Cases

NPO Cases

Set for Hearing

Set for Hearing

Set for Hearing

 

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

 

EE Cases

KMS Cases

NPO Cases

No Court Action

No Court Action

No Court Action