REAFFIRMATION AGREEMENTS
U.S. Bankruptcy Court for the Central District of California
(a) (b) (c) Form. A reaffirmation agreement must conform to Official Form 2400A/B ALT, Reaffirmation Agreement. If the reaffirmation agreement concerns a secured debt, a complete and legible copy of the security agreement, including the front and back of each page, must be attached. Reaffirmation without Representation or Certification by Debtor’s Attorney.
In a case where the debtor is not represented by an attorney, or where the attorney is unwilling or unable to sign Part C: Certification by Debtor’s Attorney, the debtor must move for approval of the reaffirmation agreement by the court by completing Part E: Motion for Court Approval of Official Form 2400A/B ALT. Deadline for Filing. A reaffirmation agreement and a motion for approval of the reaffirmation agreement under 11 U.S.C. § 524 must be filed by the debtor or creditor within 60 days following the conclusion of the first meeting of creditors under 11 U.S.C. § 341(a), unless otherwise ordered by the court. (d) Hearing and Approval by Court.
(1) Notice of Hearing. The clerk will set a hearing on the motion for approval of the reaffirmation agreement and give notice to the debtor and creditor of the date, time, and place of such hearing if: 75 (A) The debtor was not represented by an attorney or the attorney representing the debtor was unwilling or unable to sign Part C: Certification by Debtor’s Attorney; or LBR 4008-1 (B) Where a presumption under 11 U.S.C. § 524(m)(1) is not rebutted by the debtor to the satisfaction of the court. hardship arising undue of (2) Debtor Must Appear. The court will not grant a motion to approve a reaffirmation agreement unless the debtor appears in person at the hearing to respond to questions by the court. (3) Order.
If a hearing is required, the court will prepare and deliver an order either granting or denying the motion for approval of the reaffirmation agreement. (4) When Hearing Not Required. Under all other circumstances, unless otherwise ordered by the court, court approval is not required in a case where the debtor was represented by an attorney during the negotiation of the reaffirmation agreement. 76 LBR 5003-2
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