11 U.S.C. § 524
FRBP 4008
Official Form B240B, B427
Form 2400A
Form B4200 A/B ALT
Form 2400B, 2400C, B2400C ALT
Since BAPCPA became effective in October 2005, Bankruptcy Courts nationwide have wrestled with implementing various procedures to comply with the complex statutory requirements for reaffirmation agreements. The biggest question – do we need a hearing? – is answered in Middle Tennessee by simply following the CM/ECF menus and reading the explanatory notes therein. If a hearing is required, you do not need to file a motion!
4.5.1 Reaffirmation Procedures
• In CM/ECF, select “Bankruptcy” then “Reaffirmations” from the menus.
• Select either “Reaffirmation Agreement (Hearing Requested)” or “Reaffirmation Agreement (No Hearing Requested).”
Note: see the criteria for “Hearing” or “No Hearing” below. It also appears on a later CM/ECF screen.
• Enter the appropriate case number.
• Make the appropriate party selection.
• Attach the Reaffirmation Agreement.
• Confirm your Hearing Requested/No Hearing Requested choice based on the criteria listed:
Hearing Required: Pro Se (non-real estate), or Not Certified by Debtor(s) Attorney (nonreal estate), or Presumption of Undue Hardship (non-Credit Union creditor).
No Hearing Required: Debtor(s) Attorney Certified, or Real Estate, or Presumption of Undue Hardship (Credit Union creditor)
• Enter the Creditor name in the text box.
• If “No Hearing” selected earlier, confirm that the agreement does not contain a Motion. You do not need to attach a motion for a hearing but be certain not to include one if no hearing is needed.
• Refer your document to the existing event, if applicable. If you refer to the existing event, you must select the document to which you are referring.
• Make the appropriate Certificate of Service selection and entry.
• Confirm the final docket text and submit.