What is a motion for court approval of reaffirmation agreement?

When you reaffirm a debt, you re-assume liability for the loan.  In other words, you pull the loan out of bankruptcy and agree that it will survive bankruptcy.  This means that if you fall behind on the loan after bankruptcy, then they can sue you.  That reaffirmed debt was not discharged in your bankruptcy.

If you are represented by an attorney, there is a place where your attorney signs the documents to support your reaffirmation.  However, sometimes your attorney will not sign the agreement if the loan terms are unfair, or if you cannot afford the loan.  The attorney does not want to be liable for locking you into a bad agreement that you cannot afford.

If you are pro se (not represented by an attorney), then you will have to fill out the reaffirmation agreement on your own.

In either situation, you will have to fill out the below form called a “Motion for Court Approval of Reaffirmation Agreement.”  Below is a picture of the very basic motion.  (You don’t have to draft it;  it’s a form motion that is part of the reaffirmation agreement).motion for reaff

After this, you will have to go before a bankruptcy judge and argue why it is a good idea for you to reaffirm this debt.  If you are pro se, this may be a little difficult.  If you are represented by counsel, and your attorney thinks that this is a bad agreement, it will be very, very difficult to convince a judge that it is a good idea.