Reaffirmation hearing: A gathering where a debtor and a creditor meet to seek court approval for a repayment plan. Typically, this occurs concurrently with a discharge hearing, during which the court determines if the debtor can be relieved of their debts.
During bankruptcy, a reaffirmation hearing is held to review and approve the reaffirmation of a debt that can be discharged. John, who owed $10,000 to his credit card company, wishes to retain his credit card and continue making payments. Therefore, he and the credit card company attend a reaffirmation hearing to present their agreement to the court. If the court approves the reaffirmation, John can keep his credit card and continue making payments. On the other hand, a discharge hearing is conducted to determine whether a discharge will be granted to the debtor. Sarah, who filed for bankruptcy, attended a discharge hearing where the court granted a discharge for all her credit card debt, but not for her student loans. Consequently, Sarah is no longer obligated to pay her credit card debt, but she still has the responsibility of repaying her student loans.
A reaffirmation hearing is a court proceeding where a debtor seeks approval from the bankruptcy court to continue paying a specific debt, typically a secured debt such as a car loan or mortgage, despite filing for bankruptcy.
Yes, if you are seeking to reaffirm a debt, you will need to attend the reaffirmation hearing to present your case to the bankruptcy court.
If the reaffirmation agreement is not approved at the hearing, the debt will not be reaffirmed and the debtor will not be obligated to continue paying it after the bankruptcy is discharged.
Reaffirmation hearings typically involve secured debts, such as car loans or mortgages, but it is possible to seek reaffirmation of other types of debts as well.
The bankruptcy court will consider whether the reaffirmation agreement is in the debtor’s best interest and whether the debtor can afford to make the payments on the reaffirmed debt.
In some cases, a reaffirmation agreement can be canceled within a certain period after it has been approved at the hearing, but this will depend on the specific circumstances and the laws in your jurisdiction.
Reaffirming a debt means that the debtor will continue to be responsible for making payments on that debt after the bankruptcy is discharged, and failure to do so could result in repossession or foreclosure.
It is possible to negotiate the terms of a reaffirmation agreement at the hearing, but this will depend on the willingness of the creditor to agree to any changes.
The timing of a reaffirmation hearing will depend on the court’s schedule and the specific procedures in your jurisdiction, but it is typically scheduled within a few weeks of the debtor’s request.
While it is not required to have an attorney for a reaffirmation hearing, it is highly recommended to have legal representation to ensure that your rights and interests are protected during the process.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
To help you cite our definitions in your bibliography, here is the proper citation layout for the three major formatting styles, with all of the relevant information filled in.
- Page URL:https://dlssolicitors.com/define/reaffirmation-hearing/
- Modern Language Association (MLA):Reaffirmation Hearing. dlssolicitors.com. DLS Solicitors. May 09 2024 https://dlssolicitors.com/define/reaffirmation-hearing/.
- Chicago Manual of Style (CMS):Reaffirmation Hearing. dlssolicitors.com. DLS Solicitors. https://dlssolicitors.com/define/reaffirmation-hearing/ (accessed: May 09 2024).
- American Psychological Association (APA):Reaffirmation Hearing. dlssolicitors.com. Retrieved May 09 2024, from dlssolicitors.com website: https://dlssolicitors.com/define/reaffirmation-hearing/
Our team of professionals are based in Alderley Edge, Cheshire. We offer clear, specialist legal advice in all matters relating to Family Law, Wills, Trusts, Probate, Lasting Power of Attorney and Court of Protection.
All author posts