LBR 4008-1. REAFFIRMATION AGREEMENTS

LBR 4008-1. REAFFIRMATION AGREEMENTS

(a) Form. A reaffirmation agreement must conform to Official Form 240A-Reaffirmation Agreement. If the reaffirmation agreement concerns a secured debt, a complete and legible copy of the security agreement, including the front and back of each page, must be attached.
(b) Reaffirmation without Representation or Certification by Debtor’s Attorney. In a
case where the debtor is not represented by an attorney, or where the attorney is unwilling or unable to sign Part C: Certification by Debtor’s Attorney, the debtor must move for approval of the reaffirmation agreement by the court by completing Part E: Motion for Court Approval of Official Form 240A.
(c) Deadline for Filing. A reaffirmation agreement and a motion for approval of the
reaffirmation agreement under 11 U.S.C. § 524 must be filed by the debtor or creditor within 60 days following the conclusion of the first meeting of creditors under 11 U.S.C. § 341(a), unless otherwise ordered by the court.
(d) Hearing and Approval by Court.
(1) The clerk will set a hearing on the motion for approval of the reaffirmation
agreement and give notice to the debtor and creditor of the date, time, and place
of such hearing if:
(A) The debtor was not represented by an attorney or the attorney representing
the debtor was unwilling or unable to sign Part C: Certification by Debtor’s
Attorney; or
(B) Where a presumption of undue hardship arising under 11 U.S.C. § 524(m)(1) is not rebutted by the debtor to the satisfaction of the court.
(2) The court will not grant a motion to approve a reaffirmation agreement unless the
debtor appears in person at the hearing to respond to questions by the court.
(3) Under all other circumstances, unless otherwise ordered by the court, court
approval is not required in a case where the debtor was represented by an attorney
during the negotiation of the reaffirmation agreement.
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