Are all reaffirmation agreements filed on or after 10/17/2005 set for hearing?
All reaffirmation agreements are not set for hearing, although the BAPCPA does require additional review of reaffirmation agreements and in some cases, a hearing for approval of the agreement that would not have been required for pre-BAPCPA cases. All reaffirmation agreements that are not signed by debtors counsel (meaning that debtor was acting “pro se” in the negotiation of the reaffirmation agreement) require Court approval. If you file a reaffirmation agreement that has not been signed by counsel for the debtor, a hearing will be set. Also, if the reaffirmation agreement has been signed by the attorney for the debtor, but the attorney indicates that a presumption of undue hardship arises (meaning that it appears that debtor may not have the income to pay under the terms of the agreement, a hearing will be set on the reaffirmation agreement. This does not apply to agreements in which the creditor is a credit union, as credit unions are exempt from the presumption of undue hardship s
