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EDMI's New Procedures for Reaffirmation Agreements 11/19/2009

Individuals who file for bankruptcy protection under Chapter 7 typically have large consumer debt in the form of credit card bills, unsecured loans, utility bills and various expenses associated with unsecured assets. In may situations you may wish to keep specific secured assets such as a vehicle, home or furniture. This can be accomplished by reaffirming your commitment to continue paying for these debts under the current terms of your agreement with the creditor, if the creditor will negotiate, through a "reaffirmation agreement."  Effective December 1, 2009, in the Eastern District of Michigan Bankruptcy Court there is a new Official Bankruptcy Form B27, “Reaffirmation Agreement Cover Sheet.” It must be filed for every reaffirmation agreement with the reaffirmation agreement attached to it, and with all of the information on the form completed. The form may be filed by any party to the reaffirmation agreement, and requires a certification that the reaffirmation agreement attached to the form is a true and correct copy of the reaffirmation agreement between the parties identified in the reaffirmation agreement cover sheet. A copy of the Reaffirmation Agreement Cover Sheet is attached to this notice. Beginning December 1, 2009, it can be found at the Bankruptcy Court’s website. The form is required for all reaffirmation agreements filed on or after December 1, 2009. Failure to file the reaffirmation agreement cover sheet with a reaffirmation agreement will result in a notice of deficiency from the Bankruptcy Court Clerk providing seven days within which to correct the deficiency. Failure to correct the deficiency may result in striking the reaffirmation agreement or the scheduling of a hearing by the Court.

Although most bankruptcy procedure is the same throughout the federal court system, your bankruptcy attorney must also be familiar with local court rules and forms because they often supplement or clarify the nationwide rules.

-Drew Broaddus

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