REAFFIRMATION AGREEMENT

 

Instructions For Completing the

Reaffirmation Package

 

NOTE: This version of the Reaffirmation Agreement Package is designed to be used by creditor's/debtor's attorneys who are efilers and will complete their portions of the Reaffirmation Package using Adobe Acrobat. If the debtor is pro se, click here for the Acrobat Reader version of the Package.

 

COMPLETING THE QUESTIONNAIRE

To enter data into the fields of the questionnaire, follow the steps below.

 

 

STEP 1         Open the Reaffirmation Agreement Package by clicking here.

 

STEP 2         Place your cursor in the first fillable form field and begin typing. NOTE: When hovering over, or in, a fillable field your cursor will change from a "hand" to an "I-beam".

 

TIPS:  You can go from field to field by pressing the [TAB] key or you can use your cursor to click on a field.  To go back to a field, press the [TAB] key and the [SHIFT] key simultaneously.  To check a box, press the [ENTER] key, [SPACE BAR], or use the cursor to click inside the box.  Hover your cursor over a field to see an explanation, or example, of the information needed in that field

 

After a creditor/creditor's attorney completes their portion of the package, the file can then be emailed to the debtor's attorney. The debtor's attorney completes the debtor's portion of the questionnaire and saves the file. Once the debtor signs a hard copy of the Reaffirmation Agreement Package, the hard copy can be mailed to the creditor/creditor's attorney and the PDF can be emailed.

 

Upon the creditor/creditor's attorney's receipt of both the hard copy (containing original signatures) and the emailed PDF, they can prepare the Package for filing.

 

PREPARING THE PACKAGE FOR FILING

 

When all questions have been answered click the Prepare for Filing button on page 4 of the Questionnaire, see Figure 3. Doing so deletes the Questionnaire from the Package, saves the PDF and flattens the document so it cannot be edited.

 

IMPORTANT NOTES:

 

1) Before preparing the document for filing, both parties should be sure to answer all applicable questions and ensure the correct Presumption of Undue Hardship box is checked on page 1 of the Reaffirmation Documents. See question 3.A on the Reaffirmation Documents to determine which box should be checked.

 

2) Clicking the "Prepare For Filing" button DOES NOT e-file the document, it merely prepares the document to be e-filed. To file the document you must log into CM/ECF and file the package using the Reaffirmation Agreement event, located in the Bankruptcy > Misc. Events category.

 

This event is programmed in CM/ECF to automatically transmit statistical information to the Administrative Office of the U.S. Courts pursuant to statutory mandates of Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA).  Please be sure this is the most appropriate event for the pleading you are filing.

 

INSTRUCTIONS FOR FILING IN CM/ECF

 

 

STEP 1          Click on Bankruptcy

 

STEP 2          Click on Misc. Events

 

STEP 3          Enter case number; click [NEXT]

 

STEP 4          Select Reaffirmation Agreement from drop down list; click [NEXT]

 

STEP 5          If this is a joint filing, place a check in the box and click [NEXT].  If this is not a joint filing, click [NEXT] to skip this screen.

 

STEP 6          Select the Party or click  Add/Create New Party

 

TIP - If you selected Add/Create New Party, a Search screen and a Party Information screen will follow.  You MUST select a Role Type from the drop down menu on the Party Information screen.

 

TIP - If this is the first time you are appearing on behalf of this party, you will be asked to place a check in the box to create an association.  Failure to place a check in the box results in the e:filer NOT receiving Notices of Electronic Filing in this case.

 

STEP 7          Upload the .pdf document; click [NEXT]

 

TIP - Supporting documents such as a Certificate of Service or a Proposed Order should be uploaded as an attachment to the main pleading.

 

STEP 8          Screen displays, Reaffirmation with. User enters party's name; click [NEXT]

 

STEP 9          Confirm case information; click [NEXT]

 

STEP 10        Docket text displays.  Review for accuracy.  If modification is necessary, abort the transaction and begin again.  Modifications cannot be made on this screen.

 

SAMPLE DOCKET TEXT

 

Reaffirmation Agreement Between Debtor and [free text] filed by Test Attorney on behalf of Test Client. (test atty)

 

STEP 11        Notice of Electronic Filing displays.