Local Rule Rule 4008-1: Reaffirmation Agreements and the Presumption of Undue Hardship
Bankr. E.D. Mich. — General rule
Rule 4008-1 Reaffirmation Agreements and the Presumption of Undue Hardship
(a) Reaffirmation with Attorney Certification. If the debtor's attorney certifies that a reaffirmation agreement does not impose an undue hardship on the debtor, neither a motion nor court action is required. This subpart (a) applies even if it appears that a presumption of undue hardship may apply. The court may in its discretion schedule a hearing regarding any reaffirmation agreement, even if the debtor's attorney certifies that the reaffirmation agreement does not impose an undue hardship on the debtor.
(b) Reaffirmation without Attorney Certification. If a presumption of undue hardship under § 524(m) applies and the debtor's attorney has not certified that the agreement does not impose an undue hardship, either the debtor or the creditor must file a separate motion for approval of the reaffirmation agreement. The motion must be accompanied by the papers specified in § 524(k)(1) and F.R.Bankr.P. 4008. The motion must be titled and filed in the ECF event, "Motion for Approval of Reaffirmation - Presumption of Undue Hardship Applies." The court will schedule a hearing with notice to the debtor and the creditor.
(c) Reaffirmation by a Debtor Not Represented by an Attorney in the Case. If a reaffirmation agreement is filed and the debtor is not represented by an attorney in the bankruptcy case, the debtor must sign a motion for approval of the reaffirmation agreement under § 524(k)(7), attached as Part E. The reaffirmation agreement, including Parts A - E, must be filed in ECF with the event "Reaffirmation Agreement by Debtor Not Represented by An Attorney." The court will schedule a hearing with notice to the debtor and the creditor. The creditor may file the motion even though the motion is signed by the debtor.
(d) Reaffirmation by a Debtor Represented by an Attorney Who Did Not Negotiate the Agreement. The requirements and procedures of subpart (c) of this rule apply to a reaffirmation agreement by a debtor represented by an attorney who did not negotiate the agreement.