reaffirmation

reaffirmation, n.

1. Approval of something previously decided or agreed to; renewal (the Supreme Court’s reaffirmation of this principle is long overdue).

2. Bankruptcy. An agreement between the debtor and a creditor by which the debtor promises to repay a prepetition debt that would otherwise be discharged at the conclusion of the bankruptcy (the debtor negotiated a reaffirmation so that he could keep the collateral). • There are two main requirements for a reaffirmation to be enforceable: (1) the agreement must contain a clear and conspicuous provision stating that the debtor may rescind the reaffirmation agreement anytime before discharge or within 60 days after the agreement is filed with the court; and (2) for a debtor who is not represented by counsel, the court must determine that the reaffirmation is in the debtor’s best interest and does not impose an undue hardship. 11 USCA § 524(c). — Also termed (in sense 2) reaffirmation agreement. [Cases: Bankruptcy 3415. C.J.S. Bankruptcy § 350.] — reaffirm, vb.


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