What can I do about the error on paperwork when filing bankruptcy? 21 Answers as of October 01, 2013

Filing bankruptcy and on my intention page I forget to mark the reaffirm debt for property. How to fix that after discharge?

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Rhymer Law Firm
Rhymer Law Firm | William Rhymer
You would have to file an amended Statement of Intentions with the court showing the correct information.
Answer Applies to: Georgia
Replied: 10/1/2013
Joseph Lehn, Esq
Joseph Lehn, Esq | Lehn Law, PA
You can make the correction to the document, add the word "Amended" to the title of the document and file it. A certificate of service must be filed proving you have mailed it to the trustees. Also you will also want to contact the creditor you are wanting to reaffirm to request a reaffirmation agreement if you have not yet received one.
Answer Applies to: Florida
Replied: 9/30/2013
The Law Office of Darren Aronow, PC
The Law Office of Darren Aronow, PC | Darren Aronow
You would have to reopen your case and amend it.
Answer Applies to: New York
Replied: 9/30/2013
Bird & VanDyke, Inc.
Bird & VanDyke, Inc. | David VanDyke
It doesn't need to be fixed and after discharge you can't go back and re-affirm the debt anyway. If the intention was to keep the asset then continue paying and forget it.
Answer Applies to: California
Replied: 9/30/2013
Indianapolis Bankruptcy Law Office of Eric C. Lewis
Indianapolis Bankruptcy Law Office of Eric C. Lewis | Eric Lewis
In most jurisdictions it is too late once the case is closed.
Answer Applies to: Indiana
Replied: 9/27/2013
    Deborah F Bowinski, Attorney & Counselor at Law | Debby Bowinski
    If the case has been discharged it is too late to reaffirm a debt.
    Answer Applies to: Colorado
    Replied: 9/27/2013
    Eranthe Law Firm
    Eranthe Law Firm | Cate Eranthe
    Why would you need to change that? Either you reaffirmed or not which would have occurred prior to your discharge. I don't recommend reaffirmations. There are rarely times that the risk is warranted. If you are concerned about mortgage payments not being reported to the credit bureaus ask the lender for a payment history and send it to the credit bureau yourself. This will usually fix the problem. If you have some other problem due to the way the paperwork was prepared see your attorney. If you did it yourself go see a knowledgeable local bankruptcy attorney for advice. Without knowing more, no one can say what you should do.
    Answer Applies to: California
    Replied: 9/27/2013
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    It cannot be fixed after discharge. The code is very specific about that.
    Answer Applies to: California
    Replied: 9/27/2013
    Richard L. Hirsh, P.C. | Richard L. Hirsh
    It is difficult to deal with this issue. You could re-open your bankruptcy case and then you would have to vacate the discharge order, file the reaffirmation and then request that the court re-enter the discharge order. It must be done with precisely clear orders so that your discharge is not affected. Some judges may not allow this to be done.
    Answer Applies to: Illinois
    Replied: 9/27/2013
    Tokarska Law Center
    Tokarska Law Center | Kathryn U. Tokarska
    Something like that, if you already got a discharge, you can just leave alone. You are talking about amending the Statement of Intent. I intend to meet Jane next week for lunch. Next week comes and either I meet Jane or I don't, maybe something happened during the week and I have something more important to do, maybe Jane made me angry and I don't want to see her. Point is that it's just a statement of intent. You either do the thing that you intend or you don't, you're not obligated either way. The question is whether you actually reaffirmed the debt and more importantly was it a wise decision to do so. The deadline for reaffirming the debt has passed if you have received discharge so it's not something you are going to go back and change, particularly if not reaffirming has not created a problem with the creditor.
    Answer Applies to: California
    Replied: 9/27/2013
    Law Office of Lynnmarie A. Johnson
    Law Office of Lynnmarie A. Johnson | Lynnmarie Johnson
    If you have already been discharged, the only way to fix it is reopen the case, but the mortgage company can't make you sign a reaffirmation agreement, and they probably would not prepare one after you have been discharged. They can be difficult and not want to send you statements or refinance you, but as long as you pay the payments, you get to stay.
    Answer Applies to: Michigan
    Replied: 9/27/2013
    A Fresh Start
    A Fresh Start | Dorothy G Bunce
    It may be too late to do anything about an intention to reaffirm after a discharge. Bankruptcy law specifically states that you must reaffirm before the discharge comes in.
    Answer Applies to: Nevada
    Replied: 9/27/2013
    The Schreiber Law Firm
    The Schreiber Law Firm | Jeffrey D. Schreiber
    You can file an amendment to the statement of intention. However, I am concerned that you believe merely checking the box to reaffirm is actually a reaffirmation. That is not correct. In order to reaffirm a debt, you need to sign a reaffirmation agreement with the creditor. There are important legal consequences to reaffirmation and requirements to be able to reaffirm. You should not sign any reaffirmation without first discussing these with an experienced bankruptcy attorney.
    Answer Applies to: California
    Replied: 9/27/2013
    Stephens Gourley & Bywater | David A. Stephens
    You cannot reaffirm a debt after discharge. You would have to file a motion to reopen the bankruptcy and seek court permission to reaffirm the debt.
    Answer Applies to: Nevada
    Replied: 9/27/2013
    The Law Offices of Deborah Ann Stencel | Deborah A. Stencel
    It is too late to reaffirm your mortgage if your case has been discharged. Amending your Statement of Intent will not fix that. I am assuming that the real issue here is that the mortgage has not been reaffirmed. If you had an attorney, you need to have them explain the process to you. If not, well, that is why having an attorney is recommended. Most judges will not reopen the case (and revoke the discharge) in order to approve a reaff. Reaffirmations must be signed before discharge. Good luck.
    Answer Applies to: Wisconsin
    Replied: 9/27/2013
    Danville Law Group | Scott Jordan
    File an amended statement of intention.
    Answer Applies to: California
    Replied: 9/27/2013
    Goldsmith & Guymon
    Goldsmith & Guymon | Marjorie Guymon
    You may always file an amendment to your petition. If you've received your discharge but your case is still open, you must file a motion to set aside your discharge so as to file an amended statement of intention to reaffirm. I would also contact the creditor with whom you wish to reaffirm to obtain a reaffirmation agreement and notice that up at the same time as your motion to set aside discharge. Then file your amended soi. Just make sure to note on the document that it is an amended soi and make sure you submit with a penalties of perjury signature page. The court website may have the forms you need, so check it out.
    Answer Applies to: Nevada
    Replied: 9/27/2013
    Maskell Law Firm, P.C.
    Maskell Law Firm, P.C. | Eric A. Maskell
    Unfortunately once you receive the discharge you can't reaffirm a debt.
    Answer Applies to: Texas
    Replied: 9/27/2013
    Elkington Law
    Elkington Law | Sally Elkington
    You would have to file a motion to reopen your case. I would first make sure that the omission actually made a difference in your filing. Some omissions just don't matter in the long run.
    Answer Applies to: California
    Replied: 9/27/2013
    Charles R. Chesnutt, P.C.
    Charles R. Chesnutt, P.C. | Charles R. Chesnutt
    It is not necessary to fix this, unless the creditor is insisting that the debt be re-affirmed for some reason and the creditor is a secured creditor and you wish to keep the collateral. If the discharge has already occurred, and the secured creditor is insisting, you should speak to the creditor and work it out. Once the debt has been discharged it is too late to obtain a reaffirmation - however, whether this can be done varies with different states and different districts.
    Answer Applies to: Texas
    Replied: 9/27/2013
    Stuart P Gelberg
    Stuart P Gelberg | Stuart P Gelberg
    Not necessary to "fix". You can file an Amended Statement if the case was not "Closed". Otherwise you need to reopen to do so. Again, not necessary to do so.
    Answer Applies to: New York
    Replied: 9/27/2013
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