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Under Bankruptcy can a creditor ask a debtor to reaffirm the debt?

Does anyone know if under bankruptcy can a creditor ask a debtor to reaffirm the debt?

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Answer #1

Hi,

Yes, this means that the creditor is asking that the debtor pay the debt anyway, even after it has been discharged. A debtor may be willing to do this if there is a co-signer or guarantor of the debt (such as a family member, friend or employer) that the debtor does not wish to leave saddled with the debt. Also, a debtor may want to reaffirm a debt in order to avoid having a secured creditor take the collateral securing the debt. A creditor may also ask a debtor to reaffirm the debt before he (the creditor) will agree to do business with the debtor again.

However, this only applies in Chapter 7 consumer bankrutpcy. This will not happen generally in a business Chapter 7.

Answer #2

A creditor can request that you reaffirm the debt but the reaffirmation of a debt is voluntary and not required. Most of the reaffirmation agreements are done in order to keep a secured asset such as a vehicle. In some courts it is required that you reaffirm the debt for a vehicle that is secured, if you intend to keep it. You may be able to negotiate the terms of the reaffirmation agreement with the creditor. This is a good resource that describes reaffirmation agreements in bankruptcy. http://funadvice.com/r/3kb9qh4c7t

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