Exam 21: Post-Petition Filing

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A Reaffirmation Agreement must be filed by __________.

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C

Trustees are required to receive debtor documents through the courts' secured website under §727.

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Are attorneys required to assist clients with the Reaffirmation Agreement? Please elaborate.

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No, as that varies per jurisdiction. But if an attorney assists the client in signing a Reaffirmation Agreement, the attorney must sign a declaration.

When is a Suggestion of Bankruptcy filed?

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Local Rules vary on how Reaffirmation Agreements are handled.

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If expenses exceed income, there's a presumption of undue hardship, and a Reaffirmation Agreement is automatically denied.

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How are documents submitted to trustees?

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When is a Reaffirmation Agreement due?

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What is a Suggestion of Bankruptcy?

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Pedro is a pro se debtor. He sent by mail to the U.S. Trustee's Office all the documents that are relevant to his Chapter 7 bankruptcy, yet, at the 341 Meeting his bankruptcy case was dismissed for failure to provide documents. Why?

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Debtors are required to sign Reaffirmation Agreements if there is secured debt.

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Reaffirmation Agreements only apply to secured debts.

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What happens if a debtor defaults on a Reaffirmation Agreement?

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Attorneys are required to sign a declaration if they assisted the client with a Reaffirmation Agreement.

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