reaffirmation agreement
Like agreeing to keep paying for a truck after a storm nearly washed it out, even though the reset button was right in front of you, a reaffirmation agreement is a written promise made during bankruptcy to keep a specific debt alive instead of wiping it out. Most often, it comes up with a car loan, furniture financing, or another secured debt tied to property you want to keep. If the agreement is valid, the debt survives the bankruptcy discharge, and the lender can collect if payments stop later. Under federal law, 11 U.S.C. § 524(c), it has to be signed before discharge and must meet strict court-required rules.
The clock matters here. Once a discharge enters, the chance to reaffirm usually closes. Sign too fast, though, and you may lock yourself back into a debt that bankruptcy could have erased. If you are not represented by a lawyer, the bankruptcy court may hold a hearing to decide whether the deal creates an undue hardship and is truly in your best interest.
For an injury claim, this can hit hard. Someone recovering from a crash on I-195 or a pothole wreck in Providence County may expect a settlement to help with bills, but a reaffirmed debt can keep draining money after the case ends. Rhode Island's no-cap rule on non-economic damages can increase potential recovery in a serious injury case, but reaffirming a debt can still leave less of that recovery available for medical needs, lost income, or basic stability.
We provide information, not legal advice. Laws change and every accident is different. An experienced attorney can evaluate your specific case at no cost.
Get help today →