A Reaffirmation Settlement Agreement becomes necessary when a debtor in bankruptcy wishes to maintain certain debt obligations rather than having them discharged. This document, regulated under U.S. bankruptcy law, typically involves secured debts where the debtor wants to keep the collateral (such as a car or house). The agreement must include specific statutory disclosures, the terms of repayment, and often requires court approval to ensure the debtor's interests are protected. It must be executed before the bankruptcy discharge and includes provisions for financial disclosures, repayment terms, and consequences of default.
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1. Parties: Identification of creditor and debtor, including bankruptcy case details
2. Background: Original debt details and bankruptcy filing context
3. Definitions: Key terms used throughout the agreement
4. Reaffirmation Terms: Specific debt amount being reaffirmed and payment terms
5. Statutory Disclosures: Required disclosures under Section 524(k)
6. Rights and Consequences: Statement of debtor's rights and consequences of reaffirmation
7. Signatures: Execution blocks including attorney certification if required
1. Security Interest: Details of collateral if agreement involves secured debt
2. Insurance Requirements: Insurance obligations for secured property
3. Hardship Statement: Debtor's statement regarding ability to pay when presumption of undue hardship exists
1. Schedule A - Payment Schedule: Detailed payment terms and amounts
2. Schedule B - Income and Expense Statement: Debtor's financial information supporting ability to pay
3. Schedule C - Original Loan Documentation: Copies of original debt agreements being reaffirmed
Relevant legal definitions
Agreement
Bankruptcy Case
Bankruptcy Code
Bankruptcy Court
Bankruptcy Petition
Chapter 7
Collateral
Creditor
Debt
Debtor
Default
Discharge
Effective Date
Filing Date
Interest Rate
Original Agreement
Original Debt
Parties
Payment Schedule
Petition Date
Reaffirmed Debt
Reaffirmation
Security Interest
Statement of Income
Undue Hardship
Bankruptcy Case
Bankruptcy Code
Bankruptcy Court
Bankruptcy Petition
Chapter 7
Collateral
Creditor
Debt
Debtor
Default
Discharge
Effective Date
Filing Date
Interest Rate
Original Agreement
Original Debt
Parties
Payment Schedule
Petition Date
Reaffirmed Debt
Reaffirmation
Security Interest
Statement of Income
Undue Hardship
Clauses
Reaffirmation of Debt
Payment Terms
Security Interest
Default and Remedies
Representations and Warranties
Statutory Disclosures
Rescission Rights
Financial Statements
Insurance Requirements
Governing Law
Court Approval
Attorney Certification
Debtor Rights
Voluntary Agreement
Severability
Entire Agreement
Amendment
Notices
Hardship Provisions
Enforcement
Payment Terms
Security Interest
Default and Remedies
Representations and Warranties
Statutory Disclosures
Rescission Rights
Financial Statements
Insurance Requirements
Governing Law
Court Approval
Attorney Certification
Debtor Rights
Voluntary Agreement
Severability
Entire Agreement
Amendment
Notices
Hardship Provisions
Enforcement
Relevant Industries
Relevant Teams
Relevant Roles
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