Sometimes a debtor and a creditor think that it makes sense to agree (“reaffirm”) that a dischargeable debt (like and car loan) should survive the discharge and be enforceable after bankruptcy. For example, if a debtor want to keep his or her car in a Chapter 7 case, the bank might insist that the debtor agree to a “Reaffirmation” in order for the debtor to keep the car and avoid a repossession after bankruptcy.

Although these agreements are generally not advisable, in order for the debtor to do a Reaffirmation, there must be a Court hearing and the Bankruptcy Judge must approve such a contract. Remember that the discharge of debts is critical to the concept of a “fresh start” so when a debtor wants to agree to give up this benefit with respect to a particular debt, the Court will scrutinize the facts carefully.