11 USC § 524 now modifies debt reaffirmation guidelines to mandate specified detailed disclosures and explanations to the debtor for dischargeable debt agreements. Pursuant to IANB Standing Order No. 12 and its Exhibit #1 (As amended by Standing Order No. 20),the following form and procedural requirements apply to all Reaffirmation Agreements filed in cases commenced on or after October 17, 2005:
- Director's Form 240 - Reaffirmation Agreement, as revised (August 2006) will be mandatory.
- Clerk's Office will not conduct any type of undue hardship calculation. Will rely on disclosures and check boxes.
- Deficient Reaffirmation Agreement (missing signatures/certifications, incorrect form) and all Pro Se Agreements (whether case is Pro Se or Reaff is not signed by attorney) will be set for hearing on the first available date after the Last Date to Object to Discharge. Judges will hear all reaffirmation agreements at a single hearing in a case that have not cured deficiency.
- Discharge shall not issue before a hearing is held if Pro Se Reaff is submitted.
Pursuant to Standing Order No. 07-01, all reaffirmation agreements filed in cases initiated on or after October 17, 2005 shall be prepared and submitted for filing using Director's Form B-240. The court will maintain a link to the most current version of this form through the Forms link on this website.