order conditionally denying reaffirmation agreement

[loditthui]

I just got "order conditionally denying reaffirmation agreement". I dont know why and what I have to do next. It said the reaff agreement is not in compliance w/ Title 11 U.S>C section 524(c). Pls help

thanks

[etechjc]

This is probably a good thing. Reaffirm agreements are evil!!!

[free2breathe]

Here is the section of the code it says it doesn't comply with:

(c) An agreement between a holder of a claim and the debtor, the consideration for which, in whole or in part, is based on a debt that is dischargeable in a case under this title is enforceable only to any extent enforceable under applicable nonbankruptcy law, whether or not discharge of such debt is waived, only if--

(1) such agreement was made before the granting of the discharge under section 727, 1141, 1228, or 1328 of this title;

(2) the debtor received the disclosures described in subsection (k) at or before the time at which the debtor signed the agreement;

(3) such agreement has been filed with the court and, if applicable, accompanied by a declaration or an affidavit of the attorney that represented the debtor during the course of negotiating an agreement under this subsection, which states that--

(A) such agreement represents a fully informed and voluntary agreement by the debtor;

(B) such agreement does not impose an undue hardship on the debtor or a dependent of the debtor; and

(C) the attorney fully advised the debtor of the legal effect and consequences of--

(i) an agreement of the kind specified in this subsection; and

(ii) any default under such an agreement;

(4) the debtor has not rescinded such agreement at any time prior to discharge or within sixty days after such agreement is filed with the court, whichever occurs later, by giving notice of rescission to the holder of such claim;

(5) the provisions of subsection (d) of this section have been complied with; and

(6)

(A) in a case concerning an individual who was not represented by an attorney during the course of negotiating an agreement under this subsection, the court approves such agreement as--

(i) not imposing an undue hardship on the debtor or a dependent of the debtor; and

(ii) in the best interest of the debtor.

(B) Subparagraph (A) shall not apply to the extent that such debt is a consumer debt secured by real property.

For one of the reasons above, they are not going to allow your reaffirmation agreement. What were you trying to reaffirm?

[justbroke]

I just got "order conditionally denying reaffirmation agreement". I dont know why and what I have to do next. It said the reaff agreement is not in compliance w/ Title 11 U.S>C section 524(c). Pls help

What are you reaffirming? This may be a good thing anyhow... having the reaffirmation denied.

[loditthui]

this is for my car. The bank filled out most of inf in reaff. I just filled out my income, expense... and signed.

[justbroke]

this is for my car. The bank filled out most of inf in reaff. I just filled out my income, expense... and signed.

Are you pro se? You may have forgot to fill out a particular section. However, so long as you're current, the denial may be good. However, that may not end any issues with the lender. If you're pro se is could get complex to deal with the creditor still pursuing repossession.

[AngelinaCat]

Then it looks like the Judge has determined that to reaffirm would be an undue hardship for you and that your income really doesn't support it. The bank has THEIR interest at heart, not yours. If you really want this reaff, you will have to petition the judge and demonstrate that this is NOT an undue hardship for you.

You do not say whether or not you have an attorney. If you don't, you ought to consider getting one.