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The act of reaffirming debts requires court approval in all Ohio bankruptcy proceedings. Both the documents required to evidence a reaffirmation
of debt, and the hearing conducted by the court, inform the debtor that payment of the debt will be mandatory.
Discharge does not eliminate reaffirmed debts. Creditors obtaining a reaffirmation in an Ohio bankruptcy
proceeding may file suit in state courts for collection in the
event of nonpayment, despite a general Chapter 7 discharge.
| 11 U.S.C. §521(2)(a) provides "within thirty days after the date of the filing of a
petition under chapter 7 of this title or on or before the date of the meeting of creditors, whichever is
earlier, or within such additional time as the court, for cause, within such period fixes, the debtor shall
file with the clerk a statement of his intention with respect to the retention or surrender of such property
and, if applicable, specifying that such property is claimed as exempt, that the debtor intends to redeem
such property, or that the debtor intends to reaffirm debts secured by such property." |
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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