Official Procedure Last Change December 3, 2012
Rescission of Reaffirmation Agreements
How to file: Location of event: Bankruptcy > Miscellaneous > Reaffirmation Agreement, Rescission of |
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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- Reaffirmation agreements can be rescinded any time before the Court issues the discharge, or within 60 days after the agreement is filed with the Court, whichever is the later.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 case number (in the format xx-xxxxx) and click Next.
4. Select Reaffirmation Agreement, Rescission of 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.
8. Browse to attach the document to be filed (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 Enter the name of the creditor whose reaffirmation is being rescinded.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 Select the reaffirmation agreement being rescinded and click Next.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.
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.