That`s not the case. (c) (2). Pub. L. 98-353, No. 308 (b) (1), (3), added by. (2). The old paragraph 2, which dealt with situations in which the debtor had not revoked the agreement within 30 days of the binding agreement, was quashed. (A) such an agreement constitutes a fully informed and voluntary agreement of the debtor; Subsection (a) specifies that a discharge in bankruptcy proceedings quashes any judgment as it is a finding of the debtor`s personal liability for an early conviction and constitutes a cease-and-desoe action against the opening or continuation of an action for the purpose of committing a trial or act, including telephone calls , letters and personal contacts. to recover, withdraw or offset the debt deposed as the debtor`s personal debt or the debtor`s property, regardless of whether or not the debtor has waived debt relief. The injunction is to give full effect to the discharge and to remove any doubt as to the effect of the discharge as a total prohibition of recovery efforts. This paragraph has been extended to a similar provision of Bankruptcy Act 14f [section 32(f) of the former Title 11] to cover all legal acts to be collected, such as. B phone or written or indirectly warnings through friends, relatives or employers, harassment, withdrawal threats, etc.
The amendment is consistent with the new policy, mandatory confirmation agreements among the 11 proposed United States. C 524 (b) and is intended to ensure that the debtor has no incentive to repay once a debt is left. Debt relief is extinguished and creditors should not try to avoid it. The language “renounce or not debt relief” is intended to prevent the waiver of debt relief from nullifing the objectives of this section. It is intended to waive the discharge of a specified debt and not to waive the discharge under Section 727, point (a) (9). Section 524, point (d) of the code requires the court to hold a hearing to inform an individual debtor of the granting or refusal of discharge and the law applicable to thieves` agreements. A confirmation agreement is considered defective if Part E is not completed. If a concluded part E is not presented within the default period (15 days), the agreement is affected.
Section 4008 is also amended by removing the provisions relating to the date of a confirmation and discharge hearing. As noted above, point 524 m itself requires that hearings be held on unreasonable cases before the discharge is opened. On other issues, including hearings for the approval of unrepresented debtors` confirmation agreements under section 524, (c) c) 6), the rule leaves the Tribunal with the power to establish oral proceedings at a time appropriate to the particular circumstances of the case and in accordance with the parties` planning requirements. (b) that such an agreement does not impose unreasonable severity on the debtor or a debtor dependent on the debtor; and (1) such an agreement was reached prior to the granting of discharge in accordance with sections 727, 1141, 1228 or 1328 of this title; “1. I believe that this confirmation agreement will not impose unreasonable severity on my loved ones or myself. I can afford to pay the confirmed debts because my monthly income (take home pay plus all other income collected) is and my actual current monthly expenses, including monthly payments on post-bankruptcy debts and other confirmation agreements, total – so that the necessary payments are made for this confirmed debt.