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? 19 Answers as of June 04, 2014

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David R. Fondren, Attorney at Law
David R. Fondren, Attorney at Law | David R. Fondren
Do you mean a Reaffirmation? What do you mean "property not included in the bankruptcy"? Did you not list it or the creditor? You will need to get the creditor to send a reaffirmation agreement and both parties execute it. Then file a motion with the bankruptcy court to reopen your case and pay the filing fee. submit the reaffirmation agreement to the court. If both you and your attorney attest there is no hardship, then the court usually does not require any hearing.
Answer Applies to: Missouri
Replied: 6/4/2014
The Law Office of Mark J. Markus
The Law Office of Mark J. Markus | Mark Markus
I don't know what an "affirmative" is, but if you're referring to a reaffirmation agreement, no that must be filed prior to discharge. And there's no reason you would want to have it on debt secured by real estate in any event.
Answer Applies to: California
Replied: 5/19/2014
Law Office of Susan G. Taylor
Law Office of Susan G. Taylor | Susan G. Taylor
No, I don't think so.
Answer Applies to: Texas
Replied: 5/2/2014
GARCIA & GONZALES, P.C. | Richard N. Gonzales
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.
Answer Applies to: Colorado
Replied: 5/1/2014
Tokarska Law Center
Tokarska Law Center | Kathryn U. Tokarska
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.
Answer Applies to: California
Replied: 5/1/2014
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    Do you mean reaffirmation agreement? NO it can not be done now. Are you trying to refinance? The lenders started denying them on that basis a couple of years ago. I have not found a good solution to the problem.
    Answer Applies to: California
    Replied: 5/1/2014
    A Fresh Start
    A Fresh Start | Dorothy G Bunce
    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.
    Answer Applies to: Nevada
    Replied: 4/30/2014
    Idaho Bankruptcy Law | Paul Ross
    No. Reaffirmation agreements must be filed before discharge. Secondly, it is not very common to even receive a reaffirmation agreement for you to sign.
    Answer Applies to: Idaho
    Replied: 4/30/2014
    Law Offices of Eric W. I. Anglin
    Law Offices of Eric W. I. Anglin | Eric W. I. Anglin
    It depends on your jurisdiction. The majority require that all parties executed the reaffirmation agreement prior to discharge of your case and if it needs to be filed then you may reopen your case to do so. If it was not executed prior to discharge then most courts will refuse to allow you to reopen your case to execute and file it post-discharge.
    Answer Applies to: Indiana
    Replied: 4/30/2014
    Deborah F Bowinski, Attorney & Counselor at Law | Debby 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.
    Answer Applies to: Colorado
    Replied: 4/30/2014
    I assume you mean a reaffirmation agreement in which you would have agreed to keep the debt, no, once the case is closed you cannot file a reaffirmation agreement.
    Answer Applies to: Minnesota
    Replied: 4/30/2014
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