Bankruptcy Reaffirmation Agreements Must Be Timely Filed

Written by Adam Peck Category: Nursing Homes January 23rd, 2013 2 min read

Under the Federal Rules of Bankruptcy Procedure, reaffirmation agreements “shall be filed no later than 60 days after the first date set for the meeting of creditors . . . [although t]he court may, at any time and in its discretion, enlarge the time to file a reaffirmation agreement.” Fed. R. Bankr. P. 4008(a). This enlargement of time is addressed by local rule as well, which allows for debtors to file a motion to delay entry of the discharge order “for not more than 30 days upon the filing of a motion by the debtor and submission of a proposed order . . . prior to the expiration of the deadline prescribed by Fed. R. Bankr. P. 4004(a) [no later than 60 days after the first date set for the meeting of creditors under § 341(a)].” E.D. Tenn. LBR 4004-1(b)(1). Additional delays may be requested for specific grounds, including “difficulty in obtaining a reaffirmation agreement with a creditor,” but under all circumstances, “[t]he motion must be filed prior to the expiration of the period of delay most recently granted or if later, the Fed. R. Bankr. P. 4004(a) deadline[.]” E.D. Tenn. LBR 4004-1(b)(2). The case law concerning this subject is equally clear: if debtors wish for additional time in which to enter into a reaffirmation agreement, they must file a motion to delay discharge prior to entry of the order of discharge. Graham, 297 B.R. at 700.

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Written by Adam Peck

Expertise: Personal Injury

Adam J. Peck, ESQ is a principal with Peck Law Group, APC. In 2008, Mr. Adam Peck received his Juris Doctorate from Whittier Law School where he graduated Cum Laude. His practice is primarily dedicated to representing Elders, Dependent Adults, along with their loved ones and family members, who have suffered horrific personal injuries.