Bankruptcy Lawyers Los Angeles - Hearings On Reaffirmation Agreements
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Bankruptcy Lawyers Los Angeles - Hearings On Reaffirmation Agreements

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HEARINGS ON REAFFIRMATION AGREEMENTS

Reaffirmation agreements and motions for approval of the same under 11 U.S.C. § 524 must be filed by the debtor or creditor within 60 days following the conclusion of the first meeting of creditors under 11 U.S.C. § 341(a), unless otherwise ordered by the court. Court approval is required under § 524(d) with respect to any reaffirmation agreement involving a debtor who was not represented by an attorney during the course of negotiating the reaffirmation agreement. If the debtor was not represented by an attorney, the clerk will set a hearing for approval of the reaffirmation agreement on the court’s calendar and will give notice to the debtor and creditor of the date, time, and place of such hearing. The court will not approve a reaffirmation agreement unless a hearing is held at which the debtor appears in order to be questioned by the court. Unless otherwise ordered by a particular judge, court approval is not required in cases where the debtor was represented by an attorney during the negotiation of the reaffirmation agreement. The use of court-approved reaffirmation forms is mandatory.