Add all necessary documents – such as court decisions or security agreements — related to the debt. Sign and date the agreement. As a general rule, you and the creditor must sign and date the agreement. Section 524, point (d) of the code requires the court to hold a hearing to inform an individual debtor of the granting or refusal of discharge and the law applicable to thieves` agreements. B – your expenses, excluding the payment of the vehicle – the number at the 6f line of the cover page minus the number of the 6g line of the cover sheet. If your answer to question A or question B is “no,” you must fill out points C, 1 and 2. 1a – Monthly income from all sources after deduction of wages. Enter the same number as the recipes on 7B. 1b.
Do the math, add 8B and 9B – 1b. 1c . Amount available to pay this confirmed debt. Do the math, subtract 1a minus 1b – 1c. 1d – amount of monthly payment required for this confirmed debt. Enter the number in Part I, letter D. This rule is amended to set a time limit for the submission of confirmation agreements. The code contains a number of preconditions for the applicability of affirmation agreements. These requirements include, in point 524 (k) (6) (A), that any confirmation agreement must be accompanied by a statement indicating the debtor`s ability to make the payments required in the agreement.
In the event that this statement reflects insufficient income to allow the payment of the confirmed debt, item 524, letter m), provides for a presumption of unjustified severity, so that the court may refuse the confirmation agreement, but only after a hearing that took place before the discharge was opened. Rule 4004 (c) (1) (K) takes this provision into account by delaying the introduction of discharge in the event of a presumption of unreasonable harshness. However, for this rule to be effective, the confirmation agreement itself must be presented before the discharge is opened. Under Rule 4004, point c) (1), discharge must be issued immediately after the expiry of the period for filing an appeal against discharge, which is set in accordance with Rule 4004, point a), sixty days after the first date of the creditors` meeting. This date is therefore set as the deadline for the submission of a confirmation agreement. A to your income – the number on the 6th line of the cover page. Part B is where you sign the confirmation agreement. Just sign and the date indicated. (a) the submission of a confirmation agreement. A confirmation agreement is presented no later than 60 days after the first date of the creditors` meeting under Section 341, point a) of the code.
The confirmation agreement is accompanied by a cover sheet drawn up in accordance with the corresponding official form. The court may, at any time and at its sole discretion, extend the time required to present a confirmation agreement. Section 4008 is also amended by removing the provisions relating to the date of a confirmation and discharge hearing. As noted above, point 524 m itself requires that hearings be held on unreasonable cases before the discharge is opened. On other issues, including hearings for the approval of unrepresented debtors` confirmation agreements under section 524, (c) c) 6), the rule leaves the Tribunal with the power to establish oral proceedings at a time appropriate to the particular circumstances of the case and in accordance with the parties` planning requirements. The good news is that you`ve already done all the heavy lifting. The confirmation agreement will not ask you for information that you have not yet included on the front page. It is divided into four parts. The bank will fill out questions 1 to 5 on the hedge. This is the best place to make sure you know the terms you will accept, including the remaining loan balance, the interest rate, the amount of monthly payments, the number of payments and whether the debt is unpayable. You`ll find all this information on the first page in questions 1 to 5.