Local Rule LOCAL RULE 4008-1: REAFFIRMATION
Bankr. M.D.N.C. — General rule
LOCAL RULE 4008-1 REAFFIRMATION
(a) Attorney Certification with Respect to Obligations Secured by Personal Property.
The obligation to represent a debtor in connection with any reaffirmation agreement includes the obligation to make reasonable efforts to obtain and review the underlying loan documents of any debt proposed to be reaffirmed. The debtor's attorney must not execute an affidavit of the kind contemplated by 11 U.S.C. § 524(c)(3) in connection with any reaffirmation agreement purporting to reaffirm a debt secured by personal property, including without limitation any vehicle, unless the attorney has reviewed documentation indicating a perfected, non-avoidable lien on the personal property.
(b) Supporting Documentation.
If the debtor's attorney signs an affidavit under subsection (a), documentation indicating a perfected, non-avoidable lien must be attached to any filed reaffirmation agreement or must be filed as a supplemental filing by the attorney within 3 business days of the filing of the reaffirmation agreement, with copies of such served on the trustee.
(c) Reaffirmation Agreement Without Counsel Certification.
Any reaffirmation agreement that is unaccompanied by an affidavit from the debtor's attorney as contemplated by 11 U.S.C. § 524(c)(3) will be considered by the court under 11 U.S.C. § 524(c)(6) and/or (d).