What is the bank's responsibility regarding my reaffirmation papers? 14 Answers as of February 19, 2015

I received reaffirmation papers. I have spoken to the bank three times today to get help filling out form. They will not answer any of my questions. They say that they do not give legal advice. I am not asking for legal advice, merely info on how/what exactly they want so I can fill out form.

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Tokarska Law Center
Tokarska Law Center | Kathryn U. Tokarska
The bank is correct that they cannot help you fill out the agreement. Helping you fill it out may be construed as helping you decide to enter into an agreement so no creditor wishes to touch that third rail. Your attorney is legally required to discuss your rights, the implications of signing the agreement, whether it's a good idea to enter into such an agreement based on your financial situation, the terms of the agreement, and if it's decided that you wish to enter into the agreement then to fill out the form and send it to the creditor for filing with the court. If you are representing yourself then you are unfortunately deemed to be relying on your own understanding of the rules and procedures and therefore it's up to you to figure out if you should fill out and sign the agreement and how. The agreement contains Part V entitled "Disclosure statement and Instructions to Debtor(s)" which should b be read carefully. If a debtor is without an attorney, the reaffirmation agreement is not effective unless and until a Judge orders it so. You would be required to attend a court hearing.
Answer Applies to: California
Replied: 2/19/2015
Freeman Law Group, LLC
Freeman Law Group, LLC | Derek Freeman
Actually, you are asking for legal advice. The bank does not need to help you fill out their forms. You should consult with your lawyer if you have one. If you don't, you will end up having to go to a hearing at the bankruptcy court so it can determine whether the reaffirmation agreement is fair to both parties (whether you can afford it and whether the creditor is harmed by the agreement). Since the creditor is the opposing party in such a hearing, it will not give you advice on how to fill out the paperwork.
Answer Applies to: Colorado
Replied: 2/19/2015
John W. Lee, P.C.
John W. Lee, P.C. | John W. Lee
The bank has no duty to tell you how to fill out reaffirmation papers. They expect your bankruptcy attorney to help you fill them out.
Answer Applies to: Virginia
Replied: 2/19/2015
The Law Offices of Ryan F. Beach, PLLC
The Law Offices of Ryan F. Beach, PLLC | Ryan Beach
There are very few, if any, responsibilities that a creditor has regarding a reaffirmation agreement. Importantly, a creditor does not even have to offer a reaffirmation agreement to a debtor. The bank in your situation is an opposing party and they are understandably avoiding providing you legal advice. If you have an attorney that is representing you in the Chapter 7, you should contact him/her to discuss the reaffirmation agreement. If you do not have an attorney, I highly recommend consulting with and hiring an attorney to represent you in reaffirmation process. You need to understand the implications of reaffirming the debt and what your options are. You presumably just, or will soon, receive a discharge of all your dischargeable debts. It may not make financial sense for you to reaffirm the debt.
Answer Applies to: Michigan
Replied: 2/19/2015
The Law Office of Darren Aronow, PC
The Law Office of Darren Aronow, PC | Darren Aronow
If you have no attorney then look on line to find a sample. Yes they are correct, they can not advise you on that.
Answer Applies to: New York
Replied: 2/19/2015
    Ronald K. Nims LLC | Ronald K. Nims
    Banks (and other creditors) are prohibited from contacting you to attempt to collect their debt. Many banks have policies that prohibit any contact with debtors in bankruptcy, to avoid even the appearance of harassment. If you have an attorney, the attorney can give the bank consent to contact you directly. Generally, banks don't accept this from unrepresented debtors (because of the issue of whether the consent is fully informed). Bottom line, the bank won't assist you because they're scared that you might sue them for harassment.
    Answer Applies to: Ohio
    Replied: 2/19/2015
    EDWARD P RUSSELL | EDWARD P RUSSELL
    You put in the cover sheet the information from schedules I and J.
    Answer Applies to: Minnesota
    Replied: 2/19/2015
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    They can not help you with the form. Help with these issues is why people hire lawyers. May be your court has a "pro bono clinic" - if so they can help you.
    Answer Applies to: California
    Replied: 2/18/2015
    Goldsmith & Guymon
    Goldsmith & Guymon | Marjorie Guymon
    They have no obligation to instruct you on how to fill out the form. Do your best to follow the instruction page that comes with the reaffirmation agreement and submit it back to the bank. Or retain an attorney to assist you.
    Answer Applies to: Nevada
    Replied: 2/18/2015
    Deborah F Bowinski, Attorney & Counselor at Law | Debby Bowinski
    They are correct - they cannot give you legal advice. My advice is that you think long and hard before signing any reaffirmation agreements. Without knowing anything about you or your case, I can say that there is rarely a good reason to sign one, and there are many good reasons not to. It sounds as though you filed your case without the benefit of legal advice. This is one of the many areas in which it would be valuable to have the advice of a lawyer who represents you.
    Answer Applies to: Colorado
    Replied: 2/18/2015
    Novakov & Associates, PLLC
    Novakov & Associates, PLLC | LINDA S. NOVAKOV
    You should contact your attorney. This is their job. If you acted pro se, perhaps you need to contact counsel to determine how to complete the paperwork.
    Answer Applies to: Kentucky
    Replied: 2/18/2015
    John W. Lee, PC
    John W. Lee, PC | Kim A. Lewis
    Unfortunately telling you how to complete a reaffirmation agreement is legal advice and they can't help you with that. You need to seek the help of an attorney.
    Answer Applies to: Virginia
    Replied: 2/18/2015
    D.J. Rausa, Attorney at Law | D.J. Rausa
    That is legal advice, so the bank will not respond. They only have the obligation to send you the reaff, not tell you how to fill it out. You can contact a local attorney and they may be able to assist you.
    Answer Applies to: California
    Replied: 2/18/2015
    A Fresh Start
    A Fresh Start | Dorothy G Bunce
    The bank is not your attorney and is prohibited from answering these kind of questions. Either hire an attorney to assist you with this problem or do your best and return the paperwork to the bank.
    Answer Applies to: Nevada
    Replied: 2/18/2015
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