Official Procedure Last Change April 21, 2016
How to file:
Location of event: Bankruptcy > Miscellaneous > Reaffirmation Agreement
Things to be aware of when filing: Official forms must be used. Download Reaffirmation forms
These instructions are for attorneys only. See separate procedure for instructions for limited users.
- A Reaffirmation Agreement is an agreement made between debtor and creditor to repay an otherwise dischargeable debt.
- If an individual is not represented by an attorney and is not reaffirming real property, the Court may hold a hearing to decide whether to approve the reaffirmation agreement. At the hearing, the court will decide whether or not the agreement is in the best interests of the debtor and, if so, enter an order approving the agreement.
- The filing of a Reaffirmation Agreement may delay the issuing of the Debtor's discharge if a Notice of Deficient Filing has been issued on the Reaffirmation Agreement or if the Court has yet to rule on a Motion for Approval or a hardship issue.
- Reaffirmation agreements can be rescinded anytime before the Court issues the discharge or within 60 days after the agreement is filed with the Court, whichever is the latest.
- There is no need to reopen a closed bankruptcy case in order to file a reaffirmation agreement on that case, unless a court order and/or hearing will be needed.
- Per S. D. Ind. B-4008-1, Reaffirmation Agreements must be filed using Official Form 2400A or Official Form 2400A/B ALT. Download Reaffirmation forms
- A completed Reaffirmation Cover Sheet must be included.
- If the Reaffirmation Agreement is not on real estate, a Motion for Approval (Official Form 2400B) is required if Part C has not been included, or if it is included but has not been signed by the attorney for the debtor. The Motion for Approval must be signed by the debtor.
- It is not necessary to upload a proposed order - the court will prepare one if needed.
1. Log into CM/ECF.
2. Select Bankruptcy > Miscellaneous.
3. Enter case number (in the format xx-xxxxx) and click Next.
4. Select Reaffirmation Agreement from the event list and click Next.
5. Check box if jointly filing with another attorney. Click Next.
6. If you indicated that you are filing jointly with other attorney(s), select additional attorney(s) and click Next.
Note: You cannot add attorneys. Only attorneys who have previously entered an appearance will be available for selection.
7. Select the party filer. If the party is not listed, or cannot be selected, view instructions on adding a new party. Click Next.
Note: The "Attorney/Party Association” screen may appear. If your party selection was correct, check the box to create an association and click Next.
9. Select appropriate radio buttons as presented, clicking Next after each selection.
Note: For Reaffirmation Agreements filed without an Attorney Declaration, a Motion for Approval is required if the Reaffirmation Agreements is not on real estate.
10. If the Reaffirmation Agreement that you are currently filing is a correction or amendment to one previously filed, check the Refer to existing event(s)? check box and click Next, then check the box next to the previously-filed Reaffirmation Agreement that you are correcting or amending.
11. Click Next.
12. If this is an amended reaffirmation agreement, choose Amended from the drop-down box, else leave blank. Click Next.
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.