Bankruptcy: Can I Repay A Debt That’s Been Discharged? Maryland Bankruptcy Lawyer

Even though the bankruptcy court enters an order discharging a debtor, the debtor may still voluntarily repay any debt. There is a specific section of the Bankruptcy Code authorizing such repayments.

The debtor may also agree to reaffirm a debt that would be otherwise discharged. Reaffirmation is nothing more than the debtor agreeing that a creditor can sue the debtor if the debt isn’t paid. Such reaffirmations may be compelled if the debt is secured by personal property like a car or motor home, but not real property like a residence, rental or commercial property.

However, if the bankruptcy judge believes that such reaffirmation will be an undue hardship on the debtor the judge will refuse to allow the reaffirmation. The debtor can still make payments on this debt, but the creditor will not be able to sue the debtor and obtain a judgment on that debt if the debtor defaults.