QUESTION

If I filed for chap 7, 6 years ago and my lawyer did not file an affirmative on my property (not included in the bankruptcy), can it be done now?

Asked on Apr 30th, 2014 on Bankruptcy - New York
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10 ANSWERS

Bankruptcy Law Attorney serving Austin, TX at Law Office of Susan G. Taylor
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No, I don't think so.
Answered on May 02nd, 2014 at 3:53 AM

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No. But why would you want to sign a Reaffirmation Agreement six years later? You can rebuild your credit without this paperwork. Speak with someone knowledgeable about credit repair.
Answered on May 01st, 2014 at 5:16 PM

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Debt Settlement Attorney serving San Diego, CA at Law Offices of Kathryn Tokarska
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It MIGHT be possible but it is not a good idea. I don't know if in your jurisdiction the court will approve such a thing. Understand that the purpose of filing for bankruptcy is to obtain a fresh start. I NEVER reaffirm a mortgage. All debts you owed at the time of the filing of the bankruptcy had to be listed in your bankruptcy, you don't get to pick and choose, that includes mortgages, car loans, loan from parents, etc. And all debts that were dischargeable and whose discharge was not challenged (this is rare) are discharged. I'm guessing that you are asking this question because the mortgage payments you have been making are not showing up on your credit report and/or you are attempting to refinance the loan. Rather than attempting to reopen the case there is another option. Obtain a statement from the lender showing payments received since the bankruptcy. Forward this statement to the credit bureaus to append your report. Keep copy of the statement for yourself. If you are trying to refinance, the new potential lender will obtain the updated payment information from your credit report once you lodge the statement with the bureaus or you can give them a recent statement yourself. Hope this helps.
Answered on May 01st, 2014 at 3:27 PM

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Bankruptcy Attorney serving Las Vegas, NV at A Fresh Start
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Bankruptcy law requires a reaffirmation to be filed and approved by the court before the discharge is entered. If you are asking this question because your mortgage company has told you to do this, you may have the right to sue your mortgage company for damages and force them to provide you with an attractive reaffirmation. Hire an experienced attorney for your loan modification case. Your legal fees can be largely covered by the damages awarded to you from the mortgage company and you may have very little out of pocket expense.
Answered on Apr 30th, 2014 at 7:16 PM

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No. Reaffirmation agreements must be filed before discharge. Secondly, it is not very common to even receive a reaffirmation agreement for you to sign.
Answered on Apr 30th, 2014 at 7:04 PM

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Deborah F. Bowinski
Your question does not make much sense. ALL debts must be "included" in a bankruptcy filing. Do you mean that you kept making mortgage payments without signing a reaffirmation agreement? That is very common and a far better choice than to sign a reaffirmation agreement in almost all situations. It is not possible to sign a reaffirmation agreement at this point. Why would you want to? If a clerk at your lender's place of business is telling you that you should have signed one, what makes you believe they know better than your own attorney? They are not lawyers and they are not qualified to give you legal advice. Nor do they have YOUR best interests in mind. They work for the lender, not for you.
Answered on Apr 30th, 2014 at 6:46 PM

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If you received a discharge, I think the answer might be ...hell no!
Answered on Apr 30th, 2014 at 6:03 PM

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Commercial & Bankruptcy Law Attorney serving Powell, OH at Ronald K. Nims
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No, reaffirmations must be filed before the bankruptcy is discharged.
Answered on Apr 30th, 2014 at 4:44 PM

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Debt Settlement Attorney serving Chicago, IL at Law Offices of Daniel J. Winter
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No, first of all, it is a reaffirmation, and second, no it cannot be done now. Generally, it is not a good idea to ever reaffirm a mortgage. If your lender is asking for it in order to refinance, go to some other lender.
Answered on Apr 30th, 2014 at 4:32 PM

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Bankruptcy Attorney serving Schenectady, NY
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Usually it is not needed to be done.
Answered on Apr 30th, 2014 at 4:30 PM

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