Official Procedure Last Change October 18, 2010
Reaffirmation Agreements (Limited Users)
How to file:
Location of event: Bankruptcy > Limited Users > Reaffirmation Agreement
Things to be aware of when filing: Official forms must be used. Download Reaffirmation forms
This procedure is for limited users only. See separate procedure if you are an attorney filer.
- 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- Reaffirmation agreements can be rescinded anytime before the Court issues the discharge or within 60 days after the agreement is filed with the Court, whichever is the latest.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.
1. Log into CM/ECF.
2. Select Bankruptcy > Limited Users.
3. Enter case number (in the format xx-xxxxx) and click Next.
4. Select Reaffirmation Agreement from the event list and click Next.
5. Enter name of party filing the document and click Next.
6. Browse to select the document to be filed (pdf file). Click Next.
7. Enter the creditor name and select correct options for Credit Union and real estate. Click Next.
8. Select appropriate radio buttons as presented, clicking Next after each selection.
Note: For Reaffirmation Agreements filed without an Attorney Declaration, the Motion for approval is required if the Reaffirmation Agreements is not on real estate.
9. 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 correct previously-filed Reaffirmation Agreement.
10. Click Next.
11. If this is an Amended Reaffirmation Agreement, choose Amended from the drop-down box, else leave blank. 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.