REAFFIRMATION AGREEMENTS

(a) OBLIGATIONS OF COUNSEL. (1) Counsel of record for the debtor is required to provide the following services to the debtor with respect to a reaffirmation agreement: (A) counseling the debtor with regard to 11 U.S.C. §§ 521(a)(2) and 524(c); and (B) working with the debtor to complete the reaffirmation agreement. (2) Counsel of record for the debtor should exercise professional judgment with the form of assistance of any negotiations with the creditor; respect to: (A) (B) which Part C certifications counsel will make; and (C) whether to appear at any hearing on the reaffirmation agreement. (b) CERTIFICATIONS SET FORTH IN PART C OF THE REAFFIRMATION AGREEMENT.

(1) Counsel is expected in all cases to make the following certification: "I have fully advised the debtor of the legal effect and consequences of this agreement and any default under this agreement." (2) Counsel may cross out or alter any of the other certifications set forth in Part C consistent with counsel's professional judgment. (c) HEARINGS ON REAFFIRMATION AGREEMENTS. (1) (2) If the debtor is not represented by counsel, a hearing on the reaffirmation agreement will be held. If the debtor is represented by counsel, the following will apply: (A) If the creditor is a credit union, and counsel for the debtor executes Part C of the reaffirmation agreement as required by subsection (b) above and certifies that the agreement represents a fully informed and voluntary agreement by the debtor, the court will not hold a hearing.

If the creditor is not a credit union, and counsel for the debtor executes Part C of the reaffirmation agreement and makes all of the certifications set forth in 11 U.S.C. § 524(c)(3), the court will review the agreement pursuant to 11 U.S.C. § 524(m) and will hold a hearing if the court determines that a hearing is appropriate. If the creditor is not a credit union, and counsel for the debtor executes Part C of the reaffirmation agreement but does not make all of the certifications set forth in 11 U.S.C. § 524(c)(3), the court will not hold a hearing on approval of the reaffirmation agreement. (B) (C) (d) OTHER DEFICIENCIES. If the reaffirmation agreement is not signed by both the creditor and the debtor, the reaffirmation agreement is entered into after the discharge, or material information is omitted from any section other than Part C of the reaffirmation 44 (e) agreement, the court may enter an order denying approval of the reaffirmation agreement without notice or a hearing.

For purposes of this local rule and for this court’s interpretation of reaffirmation agreements, the following Parts of Director’s Procedural Form 2400A are determined to correspond with Parts A, B, C, and D as set forth in 11 U.S.C. § 524(k) as follows: Part I Part II Part III Part IV Part V Part A Part D Part B Part C Part A Director’s Procedural Form B 2400B directly corresponds with Part E as set forth in 11 U.S.C. § 524(k).

45 PART V COURTS AND CLERKS