After Chapter 7 dismissal, do I need to fax statement to my creditors stating I wish to reaffirm the debt? 18 Answers as of January 13, 2014

I was recently told my bankruptcy case has been dismissed. I tried calling 2 of my creditors to make payments, and was told by both creditors that I would have to fax in a statement stating I wish to reaffirm the debt in order to pay it, otherwise they will not come after me for the debts. Is this true? I filed a chapter 7 no asset case.

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
David R. Fondren, Attorney at Law
David R. Fondren, Attorney at Law | David R. Fondren
Dismissed or discharged?
Answer Applies to: Missouri
Replied: 1/13/2014
Richard L. Hirsh, P.C. | Richard L. Hirsh
I assume you are stating that your case was "discharged" rather than dismissed. Once you are discharged you cannot reaffirm a debt. Most banks will accept mortgage payments on a loan that has not been reaffirmed and many will accept car loan payments that have not been reaffirmed. Besides those and other secured debt I see no good reason to make any payments on discharged debts. In order to go back and reaffirm debts which have been discharged you would have to open up your bankruptcy case and get permission of the court .
Answer Applies to: Illinois
Replied: 12/23/2013
Rhymer Law Firm
Rhymer Law Firm | William Rhymer
If your case was dismissed- that means your case was not completed and your creditors can restart the collection process. If your case was discharged- then it is too late to file a reaffirmation agreement. You may just want to try to work out something if you want to keep the property. (Vehicle, furniture, etc.)
Answer Applies to: Georgia
Replied: 12/23/2013
Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
Do you mean dismissed or discharged? If there is a is a discharge, then NO your creditors can not collect from you. If you have a discharge why do you want to pay them? If the case was dismissed (which does not sound like what happened), you still owe the money and the creditors would happily take it.
Answer Applies to: California
Replied: 12/20/2013
Hoang & Tran PLLC | Adam Tran
Your Chapter 7 petition should have contained a document to reaffirm a debt. If you do not reaffirm a debt, then that particular debt will be wiped out. If you wish to continue payment to a particular creditor, the creditor may finance you different terms or allow you to continue making payment on the same terms. But, I do not understand why you would want to reaffirm a debt. Is a secured property involved? Check with an attorney.
Answer Applies to: Texas
Replied: 12/20/2013
    Stuart P Gelberg
    Stuart P Gelberg | Stuart P Gelberg
    Do you mean "discharged" instead of "dismissal"? Either way you can't reaffirm anymore. Also almost certainly not in your best interest to do so. It is in the creditor's best interest to have you do so
    Answer Applies to: New York
    Replied: 12/20/2013
    OlsenDaines, PC
    OlsenDaines, PC | Kristoffer Sperry
    Typically, reaffirmation agreements are only necessary for car or home loans. You do not enter into reaffirmation agreements for credit card or hospital debts. You can not enter into a reaffirmation agreement once the case is closed, there are very specific timeframes to enter the reaffirmation agreements during the bankruptcy. All debts not reaffirmed are wiped out and that creditor can never actively collect that debt again. Most creditors will voluntarily accept payments if you decide that you would like to pay some of them back.
    Answer Applies to: Idaho
    Replied: 12/20/2013
    Law Office of Mark B. French
    Law Office of Mark B. French | Mark B. French
    Your question states that your case was "dismissed", but I wonder if you mean "discharged"? If you case was "dismissed" then you did not receive bankruptcy relief so there would be no need for you to reaffirm any debts. If your case has already been "discharged", then it is now too late for you to reaffirm any debts, though I am unclear as to why you would want to pay the debts if you went to the trouble to seek bankruptcy relief.
    Answer Applies to: Texas
    Replied: 12/20/2013
    A Fresh Start
    A Fresh Start | Dorothy G Bunce
    If your bankruptcy case was dismissed, it no longer exists so there is no need to reaffirm. If your bankruptcy case was discharged, it is too late to reaffirm. Bankruptcy law requires that any reaffirmation be filed with the court before a discharge is entered. A dismissal is the opposite of a discharge, and if you are mixing up these terms, you need to be more careful in describing your circumstances.
    Answer Applies to: Nevada
    Replied: 12/20/2013
    R. Steven Chambers PLLC | R. Steven Chambers PLLC
    Was your case dismissed or did you get a discharge? If it was dismissed that means it's as if it didn't happen and there is no need to reaffirm. If you got a discharge then you don't have to pay the discharged debts. However, if you have already received a discharge it's too late to reaffirm. A reaffirmation agreement has to be filed with the court before your discharge is entered. Faxing or writing to a creditor and saying you want to reaffirm is not the same as reaffirming. The process of reaffirming is governed by the Bankruptcy Code and includes filing a reaffirmation agreement with the court before your discharge, among other things.
    Answer Applies to: Utah
    Replied: 12/20/2013
    Steele, George, Schofield & Ramos, LLP
    Steele, George, Schofield & Ramos, LLP | Alan E. Ramos
    If you case was dismissed, there is nothing to reaffirm - it is as if the bankruptcy was never filed; your personal obligations remain unchanged. If you received a discharge in bankruptcy, you must obtain court approval to reaffirm a debt. However, even in the situation in which you did receive a discharge, there is no legal barrier for you to pay any debt and creditors should have no problem accepting payment. The only issue for creditors is that they cannot take any action to collect a debt.
    Answer Applies to: California
    Replied: 12/20/2013
    Underwood & Riemer, P.C.
    Underwood & Riemer, P.C. | James D. Patterson
    If you filed chapter 7, then you were discharged from the debts. If they were for example a credit card, medical bill, or some unsecured line of credit, you don't owe them any longer. The only time you need to reaffirm a debt is for a vehicle that you are paying for that you need to continue driving. Some bankruptcy attorneys also allow debtors to reaffirm the mortgage as well. I am not of that opinion, but that is for another post. So, you don't have to worry about reaffirming those debts, you have your discharge. You don't owe them any longer. If they try to collect from you after the discharge, you may have some claims under the various consumer protection statutes of your state and need to contact a local attorney in your area.
    Answer Applies to: Alabama
    Replied: 12/18/2013
    Stephens Gourley & Bywater | David A. Stephens
    The law does not require it, but their internal procedures may require it.
    Answer Applies to: Nevada
    Replied: 12/18/2013
    Deborah F Bowinski, Attorney & Counselor at Law | Debby Bowinski
    Do you mean the case was discharged? If the case was dismissed then you remain obligated for all your debts. If the case was discharged then you are no longer obligated to repay your dis-chargeable debts. Once a case is discharged it is too late to reaffirm a debt. Generally, it is not a good idea to reaffirm a loan unless there are significant concessions or advantages offered by the lender. For secured debts, like home mortgages and car loans, it is common to be able to just continue making payments on a "voluntary" basis and complete the purchase.
    Answer Applies to: Colorado
    Replied: 12/18/2013
    Goldsmith & Guymon
    Goldsmith & Guymon | Marjorie Guymon
    There is a difference between dismissal and discharge. If you received a discharge it is too late to reaffirm. If your case was dismissed then you can negotiate payment to your creditors. Just provide them with a copy of the dismissal order.
    Answer Applies to: Nevada
    Replied: 12/18/2013
    Heineman Law Office
    Heineman Law Office | Jeff Heineman
    If you case was dismissed then your debts are still viable. Only a bankruptcy discharge can eliminate your liability to your debts. You should not need to fax the creditors a statement that you wish to reaffirm a debt. Reaffirming a debt is a process in bankruptcy that is necessary to prevent a debt from being discharged and allow you to remain liable. You did not get a discharge (from what I have read), and so you do not need to reaffirm a debt.
    Answer Applies to: Idaho
    Replied: 12/18/2013
    Law Office of Shawn N. Wright | Shawn N. Wright
    This is a mess and you have been given completely misleading information by these two creditors. How can you "reaffirm" a debt when your bankruptcy case has been dismissed. Did you have a bankruptcy attorney? If not, then you need one who can file your case the correct way so it doesn't get dismissed. Who are these two creditors (car lenders, mortgage company?)? If you want to keep your car or your house, then you want to make sure that they get paid.
    Answer Applies to: Pennsylvania
    Replied: 12/18/2013
    The Law Office of Darren Aronow, PC
    The Law Office of Darren Aronow, PC | Darren Aronow
    If your case was dismissed or closed? If it was closed then you are too late to sign a reaffirmation and if it was dismissed then you still owe the debt anyway.
    Answer Applies to: New York
    Replied: 12/18/2013
Click to View More Answers:
12 3 4 Free Legal QuestionsConnect with a local attorney