What is creditor reaffirmation?
Creditor reaffirmation is a type of agreement in which a debtor agrees to repay a particular creditor for a debt that would otherwise be discharged through bankruptcy. In Texas, creditor reaffirmation is allowed under the state’s bankruptcy law. It is generally used when a debtor wants to retain a particular item of property for which they are responsible for paying on a loan or contract. Reaffirming a debt means that the debtor is bound to make payments on the debt even though the debt would normally have been discharged in bankruptcy. When a debtor decides to reaffirm a debt, the process must be completed prior to the discharge of the bankruptcy. This is because the process of reaffirmation means that the debtor is once again responsible for paying the debt in full. The reaffirmation process consists of two steps. First, the debtor must sign a written agreement to reaffirm the debt. This document must include three important details: 1) a clear statement of the debtor’s agreement to pay the debt, 2) the specific amount of the debt to be reaffirmed, and 3) a statement that clearly states the debtor’s understanding that the debt must be paid in full. This document is then filed with the court. Finally, the creditor must file an acceptance of reaffirmation before the debtor’s bankruptcy discharge is granted. This final step is important because it means the creditor agrees to the terms of the reaffirmation agreement. Once the reaffirmation process is complete, the debtor is once again responsible for payments on the debt. It is important to note, however, that the debtor can still discharge the debt if they meet certain requirements laid out in the Texas Bankruptcy Act. Therefore, a creditor reaffirmation is a tool that can be used to help a debtor keep a particular item of property even after their bankruptcy has been discharged.
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