Rescission of Reaffirmation Agreement

General Information

• Reaffirmation agreements can be rescinded any time before the Court issues the discharge, or within 60 days after the agreement is filed with the Court, whichever is the later.

• Notice of the rescission must be given to the creditor.

• If an order approving a reaffirmation has been entered by the Court, it is not necessary to file a Motion for Relief from that order before filing a rescission of the reaffirmation agreement.

Filing Requirements

• The Rescission must be signed by the debtor or debtor's attorney.

• A Certificate of Service must be included, showing service on the creditor.

Step-by-Step Instructions

1. Log into CM/ ECF

2. Select Bankruptcy > Miscellaneous

3.  Enter the case number (in the format xx-xxxxx) and click Next

4.  Select Reaffirmation Agreement, Rescission of from the event list and click Next

5. Click Next

6. Click to highlight Party. Click Next. If the party is not listed, click Add/ Create New Party

7. If no new attorney(s) or party was added, skip to next step. If a new attorney or new party was added to the case, check appropriate box(es) to create an association between the attorney and party, click Next. If the associations are not correct, do not check any box, click Next

8. Browse to select the Rescission (pdf file).  Click Next

9. Enter the name of the creditor whose reaffirmation is being rescinded.

10. Select the reaffirmation agreement being rescinded and click Next

11. Final docket text is displayed. Click Next

12  Verify the final docket text; if correct, click Next to submit your document(s).

Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.

Curing Deficiencies

If the Rescission is deficient, an amended Rescission must be filed prior to the deficiency deadline using the instructions above, or the Rescission may be stricken.