Reaffirmation

In any case commenced on or after October 17, 2005, no reaffirmation agreement shall be enforceable unless it complies with the following: (1) A reaffirmation agreement shall include a certification by debtor’s attorney if the attorney assisted in the negotiation of the reaffirmation agreement. The certification shall include all the requirements of 11 U.S.C. § 524(c)(3); and (2) All disclosures prescribed by 11 U.S.C. § 524 shall be contained in the reaffirmation agreement; and (3) The filing of the agreement shall comply with FRBP 4008; and (4) If a reaffirmation agreement does not contain a certification from debtor’s attorney or the attorney indicates that the agreement will create an undue hardship on the debtor, the agreement is not enforceable unless the Court approves the agreement. The debtor or 25 Back to TOC creditor shall file a separate motion for Court approval. Any such motion shall be filed prior to the entry of the order of discharge.

The Court, after a hearing, shall issue an appropriate order on the reaffirmation agreement. (5) No reaffirmation agreement filed after the entry of the order of discharge shall be enforceable unless the agreement was entered into prior to the discharge and contains the 11 U.S.C. § 524(c)(3) certificate of the debtor’s attorney.