Local Rule 4008-1: Reaffirmation Hearing

Rule 4008-1 Reaffirmation Hearing

(a) General.

(1) Reaffirmation agreements must follow the format of Directors Form B2400A, "Reaffirmation Agreement," and all applicable parts of the agreement must be completed in their entirety.

(2) When a debtor is represented by counsel in the negotiation of a reaffirmation agreement, a hearing on the reaffirmation agreement will not be required in individual Chapter 7 cases unless the presumption of undue hardship arises or the court orders otherwise. When a debtor is not represented by counsel in the negotiation of a reaffirmation agreement, a hearing on a reaffirmation agreement is required. (3) [A] The court will enter a discharge as soon as appropriate without regard to whether reaffirmation agreements have been entered into in accordance with § 521(a)(2) of the Code. [B] It is the duty of counsel for the debtor, the debtor, and the creditor whose obligation is to be reaffirmed to assure compliance with the requirements of § 524(c) of the Code.

(b) Delay of Entry of Discharge.

(1) Entry of discharge may be delayed to accommodate entry into a reaffirmation agreement for a period not to exceed thirty (30) days upon ex parte motion filed by the debtor.

(2) On ex parte motion of the debtor within the 30-day period, the court may defer entry of discharge to a date certain.

(c) Service of Reaffirmation Agreement.

(1) If a reaffirmation agreement is filed conventionally, the party filing the reaffirmation agreement must serve a conformed copy of the agreement (showing the date filed stamp) on the other party or party's counsel.

(2) If a reaffirmation agreement is filed electronically, unless the other party or counsel for the other party is served electronically, the party filing the reaffirmation agreement must serve a true and correct copy of the agreement, together with a copy of the Notice of Electronic Filing generated by the CM/ECF System for the agreement, on the other party or party's counsel.