"Colorado Reaffirmations"
In Chapter 7 cases, Colorado bankruptcy courts allow debtors to retain collateral used as security for
dischargeable debts. Past due amounts must be brought current. Debtors must agree in writing to continue payments. Court approval is required yet
seldom denied. In effect, a reaffirmation agreement excludes a specific secured debt from discharge.
| Rule 4008 of the Federal Rules of Bankruptcy Procedure provides "Discharge and
Reaffirmation Hearing. Not more than 30 days following the entry of an order granting or denying a
discharge, or confirming a plan in a chapter 11 reorganization case concerning an individual debtor and on
not less than 10 days notice to the debtor and the trustee, the court may hold a hearing as provided in Sec.
524(d) of the Code. A motion by the debtor for approval of a reaffirmation agreement shall be filed before
or at the hearing." |
NOTE: Spanish language forms and information may be obtained from a various websites, including the United
State Department of Justice, Administrative Office of the U.S. Courts, and other US Court sites. Regarding these
forms, the Colorado Bankruptcy Court advises "While we have no reason to believe that these Spanish language
forms or information have been translated inaccurately, only the English language forms are officially
prescribed by the Judicial Conference of the United States Courts. Accordingly, the Court for the District of
Colorado can not guarantee the accuracy or sufficiency of information contained in Spanish language forms or
informational documents." The Colorado Bankruptcy Court also maintains a pro bono program to assist qualified
debtors with adversary proceedings (not available to file petitions to initiate Ch. 7 or 13 cases).
Back to Colorado Bankruptcy Court definitions content page.
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