How Do I Cancel a Debt’s Reaffirmation Agreement in Recently Filed Personal Bankruptcy?

A debtor does indeed have the right to cancel or rescind a debt reaffirmation (an agreement to not include a particular debt for discharge as part of a bankruptcy filing) at any time prior to the entry of a discharge, or within 60 days after the reaffirmation agreement is filed with the Bankruptcy Court, whichever occurs later.

To rescind a reaffirmation agreement, the bankruptcy filer must mail a written notice to the creditor stating the intent to withdraw the decision to reaffirm, thereby rescinding the reaffirmation agreement.

Once such a letter is drafted, the bankruptcy filer should send the original letter to the creditor, and then mail a copy of the letter to the Bankruptcy Court clerk’s office to be made part of your bankruptcy file.

In the letter, make sure to reference the date of the original reaffirmation agreement, as well as the bankruptcy case number.

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