QUESTION

Do I need to wait for my reaffirmation papers to come back before I file my bankruptcy papers or can I send it later?

Asked on Jul 06th, 2013 on Bankruptcy - Colorado
More details to this question:
I have sent my reaffirmation papers to the mortgage company.
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5 ANSWERS

Chapter 7 Bankruptcy Attorney serving Appleton, WI at Sisson & Kachinsky Law Offices
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Go ahead and file.
Answered on Jul 09th, 2013 at 7:49 PM

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Your reaffirmation agreement will have to be approved by the court, so you should have a case filed. It must be filed before discharge.
Answered on Jul 09th, 2013 at 7:47 PM

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Bankruptcy Attorney serving Las Vegas, NV at A Fresh Start
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You can't expect a bank to reaffirm a debt until after you file bankruptcy. Furthermore, it is almost always a bad idea to reaffirm a mortgage, so much so that many judges won't approve these agreements no matter what. You seem to be making some assumptions that are not correct & may want to reconsider your decision to proceed without legal representation.
Answered on Jul 09th, 2013 at 7:47 PM

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Deborah F. Bowinski
Your question does not make sense. A reaffirmation is something that can only happen AFTER a bankruptcy case has been filed with the court. If you are referring to a loan modification, then in my opinion, that is something that must be finalized and completed before filing for bankruptcy. Otherwise, the lender is likely to back out and not continue with the modification process once they receive notice of a bankruptcy filing. It sounds as though you do not have a bankruptcy attorney. It also sounds as though you should spend the money for an attorney's fee to assist you in your filing. There is much to lose, and there are many mistakes to be made by individuals filing their own cases without the assistance of experienced counsel.
Answered on Jul 09th, 2013 at 7:46 PM

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Regulatory Attorney serving Spokane, WA
The reaffirmation needs to be filed with the Court and approved. However maybe the mortgage company will do that for you, I don't know. I do know you will need to file the BR first, then file the reaff.
Answered on Jul 09th, 2013 at 7:46 PM

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