The purpose of a stand-by agreement is simple. It gives a creditor the option to sue you in the future, even if you received relief in a Chapter 7 bankruptcy. Therefore, each debtor`s insolvency lawyer should be hostile to any reconfirmation agreement. A reconfirmation agreement is an agreement between a Chapter 7 debtor and a creditor whereby the debtor will pay all or part of the money owed even if it has declared bankruptcy. In return, the creditor promises that he will not repossess or redeem his security as long as payments are made. This means that the debtor is personally liable for this debt. See also Bankruptcy Principles – Chapter 7 Discharge. The confirmation prevented John from having to forcibly close his house. However, if he does not make the mortgage payments under the new conditions, the lender will take possession of his house and start a foreclosure procedure. A stand-by agreement creates a new binding contract in place of the original car loan.

The reason why a reconfirmation agreement is a potentially catastrophic contract for the Chapter 7 debtor is simply this: in the absence of a reconfirmation agreement, if you had problems after the closure of your Chapter 7 bankruptcy file and your car payments were in default, the lender could safely repossess the car. The lender always has a privilege over the car. But, above all, they could not sue you for the “lack” between what you owed at the time and the value of the car. A reconfirmation agreement creates a brand new binding post-bankruptcy contract that allows the lender to sue the bankrupt debtor in the event of a redemption after bankruptcy. All judges allow debtors who appear to be prose to appear by telephone for stand-by agreement hearings. More information on telephone appearances can be found on the designated judge`s website. One. The debtor will not be represented by a lawyer in his bankruptcy case (but if you have a lawyer and he does not sign your reconfirmation agreement, the court will schedule a hearing); The good news is that most of the largest auto lenders have given up on insisting on a stand-by arrangement in recent years.

For the most part, they realized that many of our bankruptcy judges will not approve them, and in the end, most Chapter 7 debtors successfully repay their auto loans after bankruptcy. The main reason for not signing a stand-by agreement is that it guarantees that you won`t be able to get away from your debts in the future. Indeed, if your Chapter 7 continues successfully, you will be prohibited from filing another chapter 7 case for 8 years. If, at any time, you default and the creditor repossess the property, you no longer have it and are still responsible for the difference between the amount of your contract and the value of the item. The party submitting a reaffirmation agreement must also submit a “reaffirmation agreement cover sheet”. The reconfirmation agreement shall not be submitted to the court until all the information has been completed and signed by the debtor(s) and the creditor of Part III and the lawyers of the debtor(s) in Part IV, where the lawyer has represented the debtor(s) in the negotiation of the contract. Reconfirmation is a type of agreement that a debtor enters into with a lender to repay some or all of the debt even if it has been the subject of bankruptcy proceedings. When a person files for bankruptcy, they do so in order to be relieved of a debt burden that they cannot pay. Affirmation agreements filed in prose debtor cases (i.e., that the debtor is not represented by a lawyer) are always scheduled for a hearing to ensure that the debtor understands the consequences of a reconfirmation agreement, that the agreement is voluntary and to determine whether the debtor is able to maintain payments for the debt to be reasserted and/or whether the stand-by agreement is in the best interest. of the debtor. Borrowers who simply have to absolve themselves of their debts and are unlikely to make regular payments will not benefit from the reconfirmation process. Affirmation makes a borrower liable for a debt and is agreed by a formal agreement with the courts and is therefore a legal process for the borrower to protect himself and his assets.

Since the finance company, credit union, or bank that owns the pink panties in your car can force you to do so, that`s why. In Chapter 7 bankruptcy cases filed in California, the lender may repossess your vehicle if you refuse to sign a reconfirmation agreement. But even if you sign one, a Chapter 7 re-settlement agreement must be filed in the event of bankruptcy, and it must be approved by the bankruptcy court. This requires a separate hearing before your bankruptcy judge, where the judge will ask you questions about how you can afford to pay for the car and whether the reconfirmation agreement will impose “unreasonable hardship” on you. Debtors enter into purely voluntary affirmation agreements. These are legal documents, but a person cannot go to jail for raping them. If the debtor does not make the payments provided for and violates the agreement, the lender takes possession of the security if he wishes. A stand-by agreement is a binding contract, and as such, you should carefully weigh the costs and benefits before entering into one. A stand-by agreement must be submitted to the court to prove written acceptance of the new debt. These agreements are usually drafted and filed by the creditor`s lawyer.

Affirmation agreements are also subject to court approval, and the judge may reject an agreement for a variety of reasons, including if they feel you can`t afford it, if the debt significantly outweighs the current value, or if interest rates are too high. Unrepresented parties must also complete and submit Form B 240B Motion for approval of the reaffirmation agreement. Once the application is filed, the court will schedule a hearing before the bankruptcy judge to consider approving the agreement, and the parties will receive notice. The Bankruptcy Act requires a Chapter 7 debtor to choose what to do with debts secured by personal property, such as automobile loans. The debtor must either: “keep the property and affirm the debt”, “buy back” (i.e. keep the car and repay everything at the same time) or “return” the car. If the debtor of a Chapter 7 filed in California wants and/or must keep their car, which is most often the case, the lender may require the debtor to sign a reconfirmation agreement. A reaffirmation agreement effectively cancels its relief from the insolvency debt in respect of that debt. An alternative to a confirmation contract is to buy back the property at its current value. The catch is that you need to have access to a flat rate that many people don`t have. You should only enter into a stand-by agreement if you reasonably believe that you can pay the balance. Another way to look at it is not to log out if you could replace the property for less than you owe.

Stand-by arrangements are strictly voluntary and cannot be forced by the creditor to enter into such an agreement. Any agreement must be concluded and submitted at the end of the deal before receiving your release to be valid. A lawyer who files an application on behalf of a debtor must also represent the debtor in the negotiation and filing of a reconfirmation agreement, whether or not the lawyer has charged him or her a fee that includes representation for reconfirmation. In addition, the lawyer must appear at all hearings specified in the stand-by agreement [see Local Rule 4008-1(D), Obligations of the debtor`s lawyer]. Stand-by agreements must contain the original (scanned) signatures of all required parties (the debtor(s), the creditor and, if the debtor is represented by a lawyer, the lawyer). If any of the required information or signatures are missing from the stand-by agreement, the court may not approve the affirmation agreement or may schedule a hearing. b. It is clear from the assertion agreement that the debtor`s expenses are greater than the debtor`s income and the court decides that a hearing is necessary. If the reconfirmation agreement does not include the required explanation as to why the debtor believes it can make the payments, the court will generally decide the matter for a hearing. Chapter 7 bankruptcy relief would release you from personal liability for the unsecured portion of the debt.

This means that the lender could never sue you for the $8,000 in our example above. Of course, an unloading under Chapter 7 does not remove the lien on the vehicle. Chapter 7 will not give you the car without refunding the privilege. But this would prevent the lender from suing you in the future if you could not repay the car in the future after your bankruptcy. In other words, if you lose your ability to pay for the car after receiving a Chapter 7 layoff and the lender repossesses the car, or if you simply voluntarily gave up the vehicle after receiving your release from bankruptcy, the lender would be prevented from suing you for a balance due, after selling the car at auction. Enter the affirmation agreement. .