QUESTION

If someone has filed bankruptcy and has it dismissed, then you do a reaffirmation on your home loan, does the dismissal invalidate your reaffirmation?

Asked on Feb 04th, 2015 on Bankruptcy - New York
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8 ANSWERS

Bankruptcy Attorney serving Schenectady, NY
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No it does not, that is why the agreement is there.
Answered on Feb 06th, 2015 at 12:54 PM

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Debt Settlement Attorney serving San Diego, CA at Law Offices of Kathryn Tokarska
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If the case was dismissed, reaffirmation agreement is not valid. Since the borrower did not obtain a discharge he/she remains personally liable for the debts as if the BK did not happen.
Answered on Feb 05th, 2015 at 7:33 PM

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Bankruptcy Attorney serving Las Vegas, NV at A Fresh Start
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A reaffirmation is unnecessary when a bankruptcy is dismissed because the reaffirmation only supersedes the bankruptcy discharge. A dismissed bankruptcy is, by definition, one without a discharge.
Answered on Feb 05th, 2015 at 3:22 PM

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When a bankruptcy is dismissed it means that no discharge order is entered. If no discharge order is entered, the person who filed bankruptcy still owes all of their debts. The discharge order is what eliminates a debtor's liability for dischargable debts. The purpose of a reaffirmation agreement is to make a particular debt survive the discharge order. So, a reaffirmation agreement that is filed in a case that is dismissed should be meaningless. In the stated scenario, all of the debt that existed prior to the bankruptcy still exists - the home loan is still owed whether a reaffirmation agreement was filed or not. The terms of the home loan should be the same. The only exception to what I stated above, at least that I can think of, is if what you are referring to as a "reaffirmation" is actually a new valid contract. If you signed a legal document that changed the terms of the home loan, the new terms may control. If you are worried that you have executed something that changed the terms of the home loan consult with an attorney to have them review the document that was signed.
Answered on Feb 05th, 2015 at 4:35 AM

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Generally the dismissal returns everything to the status quo ante.
Answered on Feb 05th, 2015 at 4:35 AM

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Deborah F. Bowinski
If the bankruptcy was dismissed then the home loan remains as it existed before the case was filed. If the bankruptcy was discharged, then it is too late to enter into an effective reaffirmation agreement and the mortgage debt is treated as a "retain and pay" account. As long as you make payments you get to keep the house. If you fail to make payments the lender has the ability to foreclose. If you wish to sell then you must pay off the loan balance in order to get the lien released.
Answered on Feb 05th, 2015 at 4:34 AM

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Commercial & Bankruptcy Law Attorney serving Powell, OH at Ronald K. Nims
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A reaffirmation means that the discharged person agrees to become liable on his otherwise discharged debt. If the discharge isn't granted then the reaffirmation is meaningless. Of course, if the reaffirmation included a change in the terms of the debt - you'd need to read the agreement to see if the new terms are effective regardless of whether the discharge is granted.
Answered on Feb 05th, 2015 at 4:33 AM

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Chapter 13 Bankruptcy Attorney serving New York, NY at Law Office of William Waldner
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Good question. Once a bankruptcy case is dismissed the old obligation on the loan survives. So if you were liable on a loan before filing bankruptcy you will be liable on it after your case is dismissed regardless of any reaffirmation agreements. Remember, a dismissal is different than a discharge.
Answered on Feb 05th, 2015 at 4:33 AM

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