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Required Reaffirmation Forms

Some attorneys have expressed confusion about the proper reaffirmation agreement form to be used in the District of Minnesota post-December 1, 2009.

Federal Rule of Bankruptcy Procedure 4008(a), as revised effective December 1, 2009, requires that the reaffirmation agreement be accompanied by a cover sheet, in the form of Official Form 27. That form is available on the court's website under Rules and Forms, Reaffirmation Cover Sheet.

Also on December 1, 2009, the Administrative Office of the U.S. Courts issued an amended Reaffirmation Agreement form (Form B 240A), together with a motion for approval (Form B 240B) and an Order (Form B 240C). The United States Bankruptcy Court for the District of Minnesota HAS NOT ADOPTED these forms. THE CORRECT FORM OF REAFFIRMATION AGREEMENT IS LOCAL FORM 4008-1 (which is the January 2007 version of the Director’s Form, without the Motion and Order). That form is available on the court's website under Rules and Forms, Local Forms, 4008-1 Reaffirmation Agreement.

Therefore, reaffirmation submissions should include:

1. Local Form 4008-1
2. Official Form 27

Failure to submit these documents, in these versions, may result in the issuance of a Notice of Deficiency. When amending the reaffirmation agreement to cure a deficiency, please file the entire corrected document, not just those pages that were missing from the original document or those that were originally submitted on incorrect forms.

Publication Date: 
December 1, 2009