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"Ohio Reaffirmations"
In Chapter 7 cases, Ohio 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." |
Most Courts across the county, including Ohio bankruptcy Courts, require all cases to be filed
electronically. Electronic filing includes online submission and filing by diskette at the clerk's office. On
03-15-04 the Ohio Bankruptcy Court for the Northern District issued the following order: "Notice to Attorneys
Concerning Paper Filings: Any Attorney wishing to file a new petition or other document on paper, under
circumstances that are not governed by one of the exceptions to mandatory electronic case filing set forth in
Amended General Order 03-1, shall initially file a motion for leave to file on paper. The motion, which may be
filed via the mail or over the counter, shall be accompanied by an affidavit and proposed order. The affidavit
shall set forth the specific reasons that the filing cannot be made electronically."
Back to Ohio Bankruptcy Court words & phrases table.
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