Free Microsoft PowerPoint - Appendix III (R.A Flow Chart) (Vt. LBR4008-1(a)).ppt - Vermont

R/A: · not signed by debtor and/or creditor; · not made prior to entry of discharge; · does not include all required disclosures; · missing Sch I & J (or figures not supplied); · missing explanation of discrepancies between Sch I & J and Part D; or · missing separate certification that forms comply w/statutory requirements.
§ 524(c)(1), (c)(2), and (k)

Reaffirmation Agreement (R/A) is filed.*
§ 524(c)(3) [Note: Refer to VT. LBR 4008-1.]

Appendix III * Note: One may file a R/A with or without a motion for approval. If a R/A is filed with such a motion, the Court will issue an order approving the R/A once the movant has completed all statutory requirements, which may include the debtor having to appear at a hearing (as indicated in this chart). R/A is for consumer debt not secured by real property.

R/A: ·is signed by debtor and creditor; · was made prior to entry of discharge; and · includes all required disclosures.
§524(c)(1), (c)(2), and (k)

Clerk will issue a deficiency notice identifying the deficiency.

R/A is for consumer debt secured by real property.** Debtor represented by attorney, but R/A has procedural deficiencies. R/A filed without a motion for approval. R/A shows sufficient disposable income to make R/A payments or, if not, explains how debtor will make payments; explains any discrepancies between R/A and Sch I & J. § 524(k)(3)(J)(i)(6) R/A creditor is not a credit union. Clerk will set hearing on R/A. Debtor represented by attorney. R/A has no procedural deficiencies.

Debtor represented by attorney; R/A Attorney Certification executed.

Debtor not represented by attorney

Debtor represented by attorney, but R/A lacks requisite Attorney Certification.

Debtor not represented by attorney. R/A not effective unless approved by Court.
§ 524(c)(6)

Clerk will issue a deficiency notice identifying the deficiency.

Clerk will set hearing on R/A.

R/A filed with motion for approval.

R/A effective upon filing: · No hearing required. · No order entered.
§ 524(c)(6)(B) and § 524(k)(3)(J)(i)(7)

R/A shows sufficient disposable income to make R/A payments or, if not, explains how debtor will make payments; explains any discrepancies between R/A and Sch I & J.

R/A shows insufficient disposable income, or R/A Part D does not match Sch I & J and no satisfactory explanation provided.
§ 524(m)(1)

R/A shows insufficient disposable income, or R/A Part D does not match Sch I & J and no satisfactory explanation provided. § 524(m)(1)

R/A creditor is a credit union.
§ 524(k)(3)(J)(ii) and (m)(2)

** In this instance, no R/A is required. However, if one files a R/A on a debt secured by real property, it will be treated as set forth in this chart.

No hearing is required. Court will enter order approving R/A.

Clerk will set hearing on R/A.