The reaffirmation agreement cover sheet, Form 427, is a one-page court document you attach to the front of your signed reaffirmation agreement before filing both with the bankruptcy court. The filing has to reach the clerk within 60 days after the first date set for your meeting of creditors.1Cornell Law Institute. Federal Rules of Bankruptcy Procedure Rule 4008 – Reaffirmation Agreement and Supporting Statement The sheet gives the judge a quick snapshot of your income, expenses, and the payment you are promising to keep making, so the court can decide whether that promise creates an undue hardship.
What the Cover Sheet Is For
A reaffirmation agreement is a contract in which you agree to stay personally liable for a specific debt that your bankruptcy discharge would otherwise wipe out. It comes up most often in Chapter 7 cases involving a financed vehicle or other secured property you want to keep. Federal law makes the agreement enforceable only if certain conditions are met, including that it was filed with the court along with the required disclosures and, where applicable, an attorney’s certification.2Office of the Law Revision Counsel. 11 USC 524 – Effect of Discharge
Form 427 is the vehicle for one specific piece of that process: showing the court whether the payment you’re reaffirming fits inside your monthly budget. The Judicial Conference approved the form, and Bankruptcy Rule 9009 requires its use with every reaffirmation filing.3United States Courts. Cover Sheet for Reaffirmation Agreement Filing the agreement without it is an incomplete filing.
Where to Get Form 427
You can download the form from the U.S. Courts website in the bankruptcy forms section. The PDF is labeled “form_b427.pdf.”3United States Courts. Cover Sheet for Reaffirmation Agreement Many clerk’s offices also keep printed copies at the filing window. Form 427 is separate from the reaffirmation agreement itself, which is a longer multi-part document. You need both.
How to Fill Out Form 427
Before you start, pull together your loan documents, the reaffirmation agreement you already negotiated with the creditor, and Schedules I and J from your bankruptcy petition. The figures on Form 427 need to line up with the figures on those schedules. When they don’t, the court notices.
Debtor and Case Information
Enter your full legal name exactly as it appears on your bankruptcy petition, together with your case number. If you and your spouse filed jointly, include both names. A mismatch between the cover sheet and the petition is a small error that creates a real delay.
Creditor and Debt Terms
Identify the creditor by full name and describe the debt. The form asks for the total amount reaffirmed, the annual percentage rate, and the monthly payment. Take these numbers straight from Part I of the reaffirmation agreement, where the creditor is required to lay out the amount reaffirmed, the APR, and the repayment terms.4United States Courts. Reaffirmation Documents Under Section 524, the “Amount Reaffirmed” and “Annual Percentage Rate” have to be disclosed more conspicuously than other terms, so those are the two figures the court reads first.2Office of the Law Revision Counsel. 11 USC 524 – Effect of Discharge If the loan carries a variable rate, note that.
The Income and Expense Calculation
This is the part of the form that decides whether the court flags your agreement for a closer look. Three numbers go on the sheet:
- Monthly net income, meaning take-home pay after taxes and payroll deductions, matching what Schedule I reports.
- Monthly expenses, excluding the payment on the debt being reaffirmed, matching Schedule J.
- The monthly payment on the reaffirmed debt.
The form walks you through a simple subtraction. If income minus expenses is less than the reaffirmed payment, a “Presumption of Undue Hardship” arises automatically, and you check the corresponding box on page one.2Office of the Law Revision Counsel. 11 USC 524 – Effect of Discharge If the math works in your favor, check the “No Presumption of Undue Hardship” box.
A presumption does not sink the agreement on its own. It triggers court review, and you can rebut it in writing by explaining additional sources of funds, such as contributions from a household member or irregular income that doesn’t appear on Schedule I. The explanation has to be specific and credible.2Office of the Law Revision Counsel. 11 USC 524 – Effect of Discharge
Credit Union Exception
If the creditor is a credit union, the undue hardship presumption does not apply. The statute carves out a specific exemption.2Office of the Law Revision Counsel. 11 USC 524 – Effect of Discharge On the form, skip the income-and-expense lines and check “No Presumption of Undue Hardship.” If you have an attorney and the creditor is a credit union, check the statement that you believe the agreement is in your financial interest and that you can afford the payments.4United States Courts. Reaffirmation Documents Mark the credit union status early so the rest of the form follows correctly.
Attorney Certification
If an attorney represented you in negotiating the reaffirmation, that attorney must sign a certification on the reaffirmation agreement package. The certification states that the agreement is fully informed and voluntary, that it does not impose an undue hardship on you or your dependents, and that the attorney fully advised you about the legal consequences of the agreement and of a default.2Office of the Law Revision Counsel. 11 USC 524 – Effect of Discharge When the presumption of undue hardship has been triggered and the creditor is not a credit union, the attorney also has to state that, in their professional opinion, you can still make the payments.5United States Courts. Reaffirmation Documents – Form B240A
The certification matters because it affects whether you have to appear in court. When an attorney signs, the court generally accepts the agreement without a separate hearing. Without it, a hearing is mandatory.
How to File
Attach the completed Form 427 to the front of the signed reaffirmation agreement and file them together with the bankruptcy court clerk. The deadline is 60 days after the first date set for your Section 341 meeting of creditors.1Cornell Law Institute. Federal Rules of Bankruptcy Procedure Rule 4008 – Reaffirmation Agreement and Supporting Statement Miss the window and the agreement may not be enforceable, which puts your ability to keep the collateral at risk.
Attorneys file through the courts’ CM/ECF electronic system. Most courts do not grant pro se filers full CM/ECF access, though some allow limited electronic filing.6United States Courts. Electronic Filing (CM/ECF) The safer route without an attorney is to bring the documents to the clerk’s office in person or mail them. Either the debtor or the creditor can file. The rule says “any party” to the agreement may file it.7United States Courts. Coversheet for Reaffirmation Agreement
One more timing point. The agreement must be entered into before your discharge is granted. If the discharge order is entered before the reaffirmation is filed, you are too late.
What Happens After You File
Once the clerk receives the cover sheet and the agreement, the court reviews the financial summary. If you checked “No Presumption of Undue Hardship” and an attorney certified the agreement, the process is usually routine: the court dockets the filing and the agreement takes effect.
If the presumption was triggered, the court has 60 days from the filing date to review it. The judge can disapprove the agreement if the presumption is not rebutted to the court’s satisfaction, but only after notice and a hearing that takes place before the discharge is entered.2Office of the Law Revision Counsel. 11 USC 524 – Effect of Discharge
Hearings for Pro Se Filers
If you negotiated the reaffirmation without an attorney, the court has to approve the agreement directly. The judge must find that it does not impose an undue hardship and that reaffirming is in your best interest.2Office of the Law Revision Counsel. 11 USC 524 – Effect of Discharge At the hearing, the court explains that reaffirmation is not required by law, walks through the consequences of signing and of defaulting, and then rules. Many courts allow pro se debtors to appear by telephone.8United States Bankruptcy Court – Southern District of Florida. Reaffirmation Agreement Check with your assigned judge’s chambers for local procedures.
One exception: if the debt is a consumer debt secured by real property, meaning your home, the court approval requirement for pro se filers does not apply.2Office of the Law Revision Counsel. 11 USC 524 – Effect of Discharge
Common Mistakes to Avoid
- Missing the 60-day filing deadline. Extensions are possible but require a motion showing cause, and not every judge grants them.
- Inconsistent numbers between Form 427 and Schedules I and J. If your schedules show $3,200 in monthly income and the cover sheet shows $3,800, the clerk will flag it and the judge will ask questions.
- Filing the reaffirmation agreement without the cover sheet. Form 427 is mandatory.9United States Bankruptcy Court, District of Hawaii. Reaffirmation Agreements
- Filing without the attorney certification when you had counsel during negotiation. Without the signature, the court treats you as pro se and schedules a hearing you may not have expected.
- Filling in the income-and-expense math for a credit union debt and marking the wrong presumption box. Note the credit union status first and let the rest of the form follow.
Check every number against your loan documents and your bankruptcy schedules before filing. A clean, consistent cover sheet moves through without delay. An inconsistent one draws scrutiny that can hold up your discharge.