You are here

L.B.R. 4008-1. Reaffirmation of Dischargeable Debts

(a)  Motion.  A motion for approval of a reaffirmation agreement pursuant to 11 U.S.C. § 524(d) may be filed in accordance with 11 U.S.C. § 524(d) and Fed. R. Bank. P. 4008 by either the debtor or a creditor who is a party to the agreement.

(b)  Form.  A party seeking approval of a reaffirmation agreement must file Official Form 427, Cover Sheet for Reaffirmation Agreement and Director’s Form 2400A, Reaffirmation Documents.  The Court will not consider noncompliant reaffirmation agreements.

(c)   Hearing.

(1)  Certification by Debtor’s Attorney.  If the debtor’s attorney has certified that the reaffirmation agreement will not impose an undue hardship on the debtor and the Court has no other concerns regarding the agreement, no hearing will be conducted and no order will be entered.

(2)  No Certification by Debtor’s Attorney.  If the debtor’s attorney has not certified the reaffirmation agreement for any reason, the Court may set the matter for hearing and may require the debtor’s attorney to participate in the hearing.