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cfortunato, Attorney
Category: Bankruptcy Law
Satisfied Customers: 8023
Experience:  Bankruptcy professor.
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I have a question about reaffirmation of Chapter 7 debts. Here

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I have a question about reaffirmation of Chapter 7 debts.

Here is the scenario:
1. A debtor was given a chapter 7 discharge.
2. The debtor verbally agrees to reaffirm a debt post discharge
3. The debtor later confirms in writing the oral reaffirmation agreement was made

Is there such a thing as a verbal reaffirmation agreement that can be later confirmed in writing? Does a reaffirmation have to be filed with the bankruptcy court to be valid?

cfortunato :


cfortunato :

To be valid, a re-affirmation agreement must be signed and filed with the court before the discharge is granted.

cfortunato :

After discharge, it is no longer possible to execute a re-affirmation agreement.

cfortunato :

Bankruptcy Stat. 524(c).


So any agreements made are voluntary, non court enforceable agreement between the two parties?

cfortunato :

If the debt in question was discharged in a Bankruptcy, the debtor may voluntarily pay the debt, but an agreement - oral or written - to pay the debt cannot be enforced in any court.

cfortunato :

So yes, any agreement to pay the debt would, of course, have to be voluntary, and it would be a non-court-enforceable agreement.

cfortunato :

(So any such agreement would also basically be worthless.)

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