Reaffirmation Agreements

A reaffirmation agreement is a written contract entered into between the debtor and the creditor, for example a car company, to continue paying a dischargeable debt (such as an auto loan) after the bankruptcy, usually for the purpose of keeping collateral (i.e. the car) that would otherwise be subject to repossession.  This is not included in fee you pay Mr. Brenner because not everyone needs one.  However, if you are paying on a car, or other secured merchandise, and want to keep it, you will have to sign an agreement and go to court to convince the judge that to keep paying would not be a hardship.  The attorney can represent you for an addition fee, in which case you do not have to appear in court.

Note:  If you sign a reaffirmation agreement and it is approved by the court, and later down the road you get into trouble and cant pay, the creditor can take back the collateral and sue you for any loss.  Without the reaffirmation agreement, all the creditor can get back is the collateral.  If it is worth less than what is owed, the creditor has to eat the loss.

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