Alan promises to pay a debt that was discharged in bankruptcy. This promise requires new consideration under state laws in most cases.

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Although debtors are under no legal compulsion to do so, they can reaffirm their debts. The bankruptcy court must hold a hearing when a reaffirmation is intended, informing the debtor that reaffirmation is optional-not required-and of the legal consequences of reactivating a debt. It is also up to the court to approve such reaffirmations. State laws, in most cases, provide that no new consideration need be provided in support of reaffirmation. Some states require the new promise to be in writing. However, when there is no such provision, an oral promise or reaffirmation is usually sufficient.

Alan Promises to Pay a Debt That Was Discharged in Bankruptcy