Select Local Rule Series

You are here

Reaffirmation

Local Rule Number: 
Rule 4008-1
4000 Series

(A)       Official Bankruptcy and Director Forms Required; No Notice, Hearing or Order Required to Confirm Enforceability.  Reaffirmation agreements shall be filed utilizing the Official Bankruptcy Form “Cover Sheet for Reaffirmation Agreement” and, if applicable, any other Administrative Office of the U.S. Courts Director’s Procedural Forms for reaffirmation agreements. No notice, hearing or order shall be necessary to confirm the enforceability of a reaffirmation agreement filed with the court that is signed by all parties to the agreement, that conforms to the requirements of 11 U.S.C. §§524(c)(1), (2), and (4), and that is accompanied by a declaration or affidavit of the attorney who represented the debtor during the negotiation of the agreement pursuant to 11 U.S.C. §524(c)(3).  Notwithstanding the foregoing, the court may set a hearing on a reaffirmation agreement as permitted by 11 U.S.C. §524 and applicable law.

(B)       Debtor Must Appear at Reaffirmation Hearing.  If the court sets a hearing to consider a reaffirmation agreement, the debtor must appear at the hearing.  The hearing will be evidentiary.

(C)       Reaffirmation Agreement Made Subsequent to Entry of Discharge. A reaffirmation agreement made by a debtor subsequent to entry of the discharge shall be declared invalid by the court.

(D)       Duties of Debtor’s Counsel.  Unless the attorney has withdrawn as attorney for the debtor pursuant to Local Rule 2091‐1, an attorney who files a petition on behalf of a debtor must represent the debtor during the negotiation and filing of any reaffirmation agreements, and appear at any hearings on reaffirmation agreements.

[Comment: See also Local Rule 2090‐1(C) and (D).] 

2015 Amendment:    Amended to correctly name forms.