Local Rule LBR 4008-1: Reaffirmation
Bankr. D.N.H. — General rule
LBR 4008-1 Reaffirmation
(a) Form. All reaffirmation agreements shall be filed using Director's Form B 2400 issued by the Director of the Administrative Office of the United States Courts and be accompanied by Official Bankruptcy Form B 427, Reaffirmation Agreement Cover Sheet. The forms are available at www.uscourts.gov. If a reaffirmation agreement filed with the court is not substantially in the form of Director's Form B 2400 and accompanied by Official Bankruptcy Form B 427, it will not be effective and is subject to disapproval.
(b) Agreements Not Effective. Reaffirmation agreements not complying with the provisions of this subparagraph are not effective and are subject to disapproval without notice or a hearing:
(1) A reaffirmation agreement must be executed prior to the date of the debtor's discharge.
(2) A reaffirmation agreement must be accompanied by the best available evidence of the claim and, as appropriate, copies of the underlying contractual documents.
(c) Hearing Not Required. If the presumption of undue hardship has not arisen under 11 U.S.C. § 524(m), no hearing to review and approve a reaffirmation agreement will be scheduled by the court if either of the following applies:
(1) The debtor was represented by an attorney during the course of negotiating the agreement; or
(2) The debt is a consumer debt secured by a mortgage or other lien on real property.
(d) Hearing Required. A hearing to review and approve a reaffirmation agreement may be scheduled by the court:
(1) If the debtor was not represented by an attorney during the course of negotiating the agreement, the debt is not a consumer debt secured by a mortgage or other lien on real property and undue hardship cannot be determined from the reaffirmation agreement; or
(2) Whether or not the debtor was represented by an attorney during the course of negotiating the agreement, if the presumption of an undue hardship has arisen under 11 U.S.C. § 524(m) and the court is unable to find that the presumption is rebutted based upon the information submitted by the debtor.