QUESTION
What should we do if we filed chapter 7 bankruptcy on a credit card they are wanting us to reaffirm that debt?
Asked on Jul 11th, 2011 on Bankruptcy - California
More details to this question:
On June 2nd, 2011 we filed chapter 7 in court. One of the credit card companies want us to reaffirm that debt. We can not. What can we do?
17 ANSWERS
My guess is that you used that card very recently and the creditor is threatening to bring an action to have the debt declared non-dischargeable. Many charges within 3 months of filing are PRESUMED to be fraud and you face an uphill battle rebutting it. You need an attorney.
Answered on Jul 22nd, 2011 at 9:47 AM
Bankruptcy Chapter 7 Attorney serving San Diego, CA
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Law Office of Asaph Abrams
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Reaffirmations defeat the purpose of debt relief and are generally not advised; the general disincentive applies more-so with credit cards/unsecured debts. Reaffirmations are voluntary. It's pretty much bad faith for a credit card company to request reaffirmation in the first place.
Answered on Jul 15th, 2011 at 3:55 PM
Bankruptcy Decision Attorney serving San Diego, CA
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Law Office of Daniel G. Shay
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It depends on why they want you to reaffirm it. Typically, we never reaffirm credit cards. But if you used the card a lot before filing, they can object to discharge on the basis of fraud. In which case it may be easier to reaffirm than fight.
Answered on Jul 15th, 2011 at 3:52 PM
Chapter 13 Bankruptcy Attorney serving Beaverton, OR
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Law Offices of Alexzander C. J. Adams, PC
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There is no requirement to reaffirm a debt on a credit card. Some credit cards reserve purchase money security interests (like a car loan) in which they claim the right to recover the property on default. In Oregon, Judge Perris quotes a case where a creditor wanted to pick up a used blanket from the debtor. You should talk to your attorney on how to best resolve this issue.
Answered on Jul 15th, 2011 at 3:51 PM
Debtor's Rights Attorney serving Atlanta, GA
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Theodore N. Stapleton, P.C.
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If you don't want to reaffirm a debt they can't make you, however you do have to return any merchandise in which the creditor has a purchase money security interest.
Answered on Jul 15th, 2011 at 3:32 PM
This is why people need attorneys to file bankruptcy. Clearly someone here does not understand the basic concept behind bankruptcy. You file to discharge credit debt. There. That's good free advice. Obviously, the credit cards don't want to be discharged. Of course they would prefer to be reaffirmed. So go ahead, shoot yourself in the proverbial foot, and feel free to reaffirm, but know that you have no obligation to do so. And in the future, don't get involved in something legal that is way way way over your head without hiring an attorney.
Answered on Jul 15th, 2011 at 2:46 PM
Information provided doesn't create an attorney/client privilege nor constitute an offer of services and is only general responses to hypotheticals
Bankruptcy Attorney serving Concord, CA
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William Rubendall Attorney at Law
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Reaffirming a debt is voluntary. You do not have to sign an agreement to pay a listed debt.
Answered on Jul 15th, 2011 at 2:29 PM
Trusts and Estates Attorney serving Jacksonville, FL
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Law Office of David M. Goldman PLLC
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You should speak to your bankruptcy lawyer about this. Generally if you are not required to reaffirm it, I would not unless there is some offsetting benefit that you want.
Answered on Jul 15th, 2011 at 2:15 PM
Bankruptcy Attorney serving Hayward, CA
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Carballo Law Offices
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Don't reaffirm credit card debts if there is no property securing the debt. It sounds like the debt may be secured by some personal property according to the creditor (such as furniture, appliances, TV, computer, etc.) and they want you to return the property or reaffirm the debt and keep the property. You can ignore the creditor if the property is worth very little since they really don't want it back or you can negotiate to pay the present value of the property or you can return the property. You need to consult with your bankruptcy attorney as to what to do.
Answered on Jul 15th, 2011 at 2:09 PM
Glen Edward Ashman
Your question tells me that you have already made an enormous blunder - you apparently filed without a lawyer. That almost always has problems. So retain counsel now. You are over your head. Credit card debt should almost never be reaffirmed. There are rare exceptions - when you face dischargeability issues for example. And in talking to the creditor, if such issues are at stake, you have messed up and possibly cost yourself far more money than a lawyer would charge you. Some creditors will want reaffirmations on secured store credit cards and your lawyer will suggest better options. You either should not reaffirm, or if this is a case where for some reason you should, you need a lawyer to negotiate good terms and you will not get such terms on your own. So get a lawyer ASAP, don't sign anything and get your situation resolved.
Answered on Jul 15th, 2011 at 2:03 PM
Family Law Attorney serving Indio, CA
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Law Office of Xochitl A. Quezada
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You do not have to reaffirm a debt on a credit card. However, if it is a secured debt and you want to keep the collateral, then you have to continue to make payments.
Answered on Jul 15th, 2011 at 2:01 PM
Alternative Dispute Resolution Attorney serving Ventura, CA
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Zahn Law Office
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Why would you want to reaffirm debt which will be discharged? There is no reason for you to do that.
Answered on Jul 15th, 2011 at 1:52 PM
There is no good reason to reaffirm a credit card debt. I assume by your question that you filed the bankruptcy without an attorney it sounds like the credit card company is trying to capitalize on your ignorance. Your question helps show that there is far more to bankruptcy than just filling out papers. I strongly recommend against filing for bankruptcy without a competent attorney.
Answered on Jul 15th, 2011 at 1:52 PM
Bankruptcy Attorney serving Herndon, VA
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Maureen O'Malley
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You don't have to do anything. Credit card creditors haven't been accepting reaffs even when people want them. They're not required for credit cards.
Answered on Jul 15th, 2011 at 1:51 PM
Do not reaffirm the debt.
Answered on Jul 15th, 2011 at 1:46 PM
Bankruptcy Attorney serving Seattle, WA
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Symmes Law Group, PLLC
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Do not reaffirm the debt on unsecured debts or you will be liable for the debt.
Answered on Jul 15th, 2011 at 1:38 PM
Bankruptcy & Debt Attorney serving San Diego, CA
Partner at
Jackie Robert Geller Attorney at Law
You don't have to reaffirm if you don't want. Be careful because reaffirming the debt makes you responsible despite your discharge.
Answered on Jul 15th, 2011 at 1:33 PM