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Reaffirmation Agreement Form. This is a California form and can be use in USBC Southern Federal.
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Tags: Reaffirmation Agreement, CSD 1229, California Federal, USBC Southern
CSD 1229 [01/13/06]
Name, Address, Telephone No. & I.D. No.
UNITED STATES BANKRUPTCY COURT
SOUTHERN DISTRICT OF CALIFORNIA
325 West "F" Street, San Diego, California 92101-6991
In Re
BANKRUPTCY NO.
Debtor.
REAFFIRMATION AGREEMENT
Creditor’s Name and Address:
Instructions:
1) Attach a copy of all court judgments, security agreements, and evidence of their perfection.
2) Obtain creditor’s signature on page 3.
3) File all the documents by mailing them or delivering them to the Clerk of the Bankruptcy Court.
NOTICE TO DEBTOR:
This agreement gives up the protection of your bankruptcy discharge for this debt.
As a result of this agreement, the creditor may be able to take your property or wages if you do not pay the agreed
amounts. The creditor may also act to collect the debt in other ways.
You may rescind (cancel) this agreement at any time before the bankruptcy court enters a discharge order or within
60 days after this agreement is filed with the court, whichever is later, by notifying the creditor that the agreement is
canceled.
You are not required to enter into this agreement by any law. It is not required by the Bankruptcy Code, by any other
law, or by any contract (except another reaffirmation agreement made in accordance with Bankruptcy Code § 524(c)).
You are allowed to pay this debt without signing this agreement. However, if you do not sign this agreement and are
later unwilling or unable to pay the full amount, the creditor will not be able to collect it from you. The creditor also will
not be allowed to take your property to pay the debt unless the creditor has a lien on that property.
If the creditor has a lien on your personal property, you may have a right to redeem the property and eliminate the lien
by making a single payment to the creditor equal to the current value of the property, as agreed by the parties or
determined by the court.
This agreement is not valid or binding unless it is filed with the clerk of the bankruptcy court. If you were not
represented by an attorney during the negotiation of this reaffirmation agreement, the agreement cannot be enforced
by the creditor unless 1) you have attended a reaffirmation hearing in the bankruptcy court, and 2) the agreement has
been approved by the bankruptcy court. (Court approval is not required if this is a consumer debt secured by a
mortgage or other lien on your real estate.)
FOR USE IN CHAPTER 7 CASES FILED ON OR BEFORE 10/16/05
CSD 1229
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CSD 1229 (Page 2) [12/14/00]
REAFFIRMATION AGREEMENT
The debtor and creditor named above agree to reaffirm the debt described in this agreement as follows.
THE DEBT
Total Amount of Debt when Case was Filed
$
Total Amount of Debt Reaffirmed
$
Above total includes the following:
Interest Accrued to Date of Agreement
Attorney Fees
Late Fees
Other Expenses or Costs Relating to the
Collection of this Debt (Describe)
$
$
$
$
Annual Percentage Rate (APR)
%
Amount of Monthly Payment
$
Date Payments Start
Total Number of Payments to be made
Total of Payments if paid according to schedule
$
Date any Lien is to be Released if paid according to schedule
$
The debtor agrees that any and all remedies available to the creditor under the security agreement remain available.
All additional Terms Agreed to by the Parties (if any):
Payments on this debt
were
were not in default on the date on which this bankruptcy case was filed.
This agreement differs from the original agreement with the creditors as follows:
CREDITOR’S STATEMENT CONCERNING AGREEMENT
AND SECURITY/COLLATERAL (IF ANY)
Description of Collateral. If applicable, list manufacturer, year and model.
Value
$
Basis or Source for Valuation
Current Location and Use of Collateral
Expected Future Use of Collateral
CSD 1229
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CSD 1229 (Page 3) [12/14/00]
Check Applicable Boxes:
Any lien described herein is valid and perfected.
This agreement is part of a settlement of a dispute regarding the dischargeability of this debt under Section 523 of the
Bankruptcy Code (11 U.S.C. § 523) or any other dispute. The nature of dispute is
.
DEBTOR’S STATEMENT OF EFFECT
OF AGREEMENT ON DEBTOR’S FINANCES
My Monthly Income (take home pay plus any other income received) is $
My currently monthly expenses total $
debt to be discharged in this bankruptcy case.
I believe this agreement
will
.
not including any payment due under this agreement or any
will not impose an undue hardship on me or my dependents.
DEBTOR’S STATEMENT CONCERNING DECISION TO REAFFIRM
I agreed to reaffirm this debt because
.
I believe this agreement is in my best interest because
.
I
[consider]
[did not consider] redeeming the collateral under Section 722 of the Bankruptcy code (11 U.S.C. § 722).
I chose not to redeem because
.
I
was
was not represented by an attorney during negotiations on this agreement.
CERTIFICATION OF ATTACHMENTS
Any documents which created and perfected the security interest or lien
[are]
[are not] attached. [If documents are not
attached: The documents which created and perfected the security interest or lien are not attached because
.]
SIGNATURES
(Signature of Debtor)
(Date)
(Name of Creditor)
(Signature of Joint Debtor)
(Date)
(Signature of Creditor Representative)
(Date)
CERTIFICATION BY DEBTOR’S ATTORNEY (IF ANY)
I hereby certify that 1) this agreement represents a fully informed and voluntary agreement by the debtor(s); 2) this
agreement does not impose a hardship on the debtor or any dependent of the debtor; and 3) I have fully advised the debtor of
the legal effect and consequences of this agreement and any default under this agreement.
Date
(Signature of Debtor’s Attorney, if any)
CSD 1229
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