Reaffirmation Hearing
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Reaffirmation Hearing
Last Updated: October 16, 2018

11 U.S.C.  524(d)
Fed. R. Bank. P. 4008

Event: Bankruptcy > Court Events > Hearing Sched/Cont/Resched re: Reaffirmation Agreement (auto form)

Related Topics: Reaffirmation Agreements

 

Refer to instructions for Reaffirmation Agreements to determine when to set a reaffirmation hearing.

What To Do:

The calendaring clerk will schedule a hearing on a TC date.

  1. Event will set the SetReafHrg flag.

  2. Select a hearing date and time close to the last day to object to discharge as other reaffirmation agreements may be filed.

    If rescheduling this reaffirmation hearing, terminate the first hearing before docketing Hearing Sched ... ; otherwise, the form will include unwanted text.

  3. Docket [Bankruptcy > Court Events > Hearing Sched/Cont/Resched re: Reaffirmation Agreement (auto form)]; refer to the Reaffirmation Agreement, complete docket text, and generate the NtcReafH form.

    • Select the debtor and the creditor from the recipient list. If the reaffirming creditor is not on the list, check the 'Additional Recipient' box to add the creditor. Use the creditor address on the reaffirmation agreement.

    • The event will set the ReafHrgPending flag and remove the setReafHrg flag.

      This is a reportable event.  

  4. Update the CHAP calendar. Example:

    Reaffirmation Agreement with [name of creditor] (Doc # 44)

After the hearing:

  1. Docket the Proceeding Memo; refer to Reaffirmation Agreement.

  2. CA will upload form order [Bankruptcy > Proposed Order Upload > Upload Single]; select the correct form (Reaffirmation Agreement Approved or Reaffirmation Agreement Not Approved) from the Form list and route to the J/Sign folder. If you leave the Folder selection blank, the order will go to your CRD-inbox.

  3. After the order is signed, docket order via E-Orders ... Reference an existing motion/application; Refer to the hearing scheduled on reaffirmation event; Select 'Approves' or 'Does Not Approve' for order action; Refer to reaffirmation agreement; Enter name of creditor in text box; Remove ReafHrgPending flag and ProseREAF flag when prompted. Modify text as appropriate. Generate the BNC form and send to the debtor and the creditor.

 

 

 

 

 

Court Instructions