3. If you were represented by a lawyer during the negotiation of your confirmation contract, the lawyer must have signed the certificate in Part C. You have the right to revoke (revoke) any confirmation at any time prior to receipt of your dismissal or within 60 days of filing the confirmation agreement with the court, depending on what happens later. To revoke a confirmation agreement, you must send the creditor a written notice that you are withdrawing your decision to confirm and revoke the agreement. Send the original letter to the creditor and a copy to the administrator`s office to be part of your file. Conclusion of the Form form Confirmation Agreement All affirmations must be submitted with the official B27 form, the certification sheet. The confirmation agreement (official form B240A) was amended effective December 1, 2009. In order to allow sufficient time for applicants to implement the change of form, the Court of Justice will authorize a transitional period of six months during which the old (1/07) or the new version (12/09) of the confirmation agreement can be filed. Note: As of April 1, 2010, the new amended form becomes mandatory for the confirmation agreement.
All pro-Se affirmation agreements that are not credit unions or real estate are automatically consulted, regardless of whether there has been a presumption of undue severity. If the confirmation agreement applies to real estate and/or a credit union, no further action will be taken. Their ability to revoke a confirmation is clearly stated in the form of a standard bankruptcy court agreement. It says (see above page 5): “I believe that this confirmation agreement is in my best interest, based on the revenue and expenses I disclosed in my statement of support for this confirmation agreement, and because (for additional relevant reasons that the court should consider) (the exception could be, if there is a specific reason, why you are considering rejecting even at the time of signing the confirmation agreement). We give an example towards the end of this blog post.) “2. I have received a copy of the Confirmation Disclosure Statement in Part A and a confirmation agreement concluded and signed.” The court distinguishes this state of affairs from a dispute relating to a typical violation of a confirmation agreement that appears outside the jurisdiction of that court. See In re Kahn, 406 B.R. 269 (Bankr. E.D.
Pa. 2009) (the court was not responsible for an alleged violation of a previously authorized confirmation agreement). In such a question, it is not a question of whether the confirmation agreement is compatible with the bankruptcy law or with the federal settlement of the insolvency proceedings. As Kahn stated, “The debtor does not seek to enforce the rights granted to him by the Bankruptcy Act. It tries to impose what it exercises as its contractual rights of the state. Id. to 276. Since this litigation concerns principles of bankruptcy law, the jurisdiction of this court is correct.
“Court decision: the court ups with the debtor`s request and approves the confirmation agreement described above.” “Do you have an obligation to enter into a statutory confirmation agreement? No, you do not have to assert a debt by any law. Do you agree to affirm a debt only if it is in your best interest. Make sure you can pay the payments you are willing to pay. Your bankruptcy lawyer should inform you of your options and rights before signing a confirmation agreement.