Asked by Andreas Frånlund on May 05, 2024
Verified
In order to safeguard the debtor from reaffirmation agreements the court:
A) allows the debtor to rescind the reaffirmation agreement within a period of 60 days.
B) is empowered to declare all reaffirmation agreements as void.
C) may order the creditor to demand only 50 percent of the original debt amount.
D) may allow a reaffirmation agreement only if the debtor is represented by an attorney.
Reaffirmation Agreements
Legal documents in bankruptcy proceedings where a debtor agrees to repay a particular debt, notwithstanding bankruptcy discharge.
Rescind
To cancel, revoke, or repeal a contract, agreement, or offer.
- Recognize the value of discharge and reaffirmation agreements in the bankruptcy process.
Verified Answer
BB
Breann BoneeMay 06, 2024
Final Answer :
A
Explanation :
Essentially,the agreement must be made before the discharge is granted and the debtor must receive certain specified disclosures at or before the time he signs the reaffirmation agreement.These disclosures include the "amount reaffirmed," the annual percentage rate of interest,the total of fees and costs accrued to date,that the agreement may be rescinded at any time prior to discharge or within 60 days after filing with the court,and a clear and conspicuous statement advising the debtor that the reaffirmation agreement is not required by the bankruptcy law or any other law.
Learning Objectives
- Recognize the value of discharge and reaffirmation agreements in the bankruptcy process.
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