What obligation does my Bankruptcy lawyer have in this? 8 Answers as of March 24, 2011

Filled Chapter 7, then I reaffirmed some debts (my car, and my house). There was some discrepancy in the way my name was written on the reaffirmation document and the Chapter 7 filing. My Chapter 7 is discharged now and my home has not been reaffirmed. What obligation does my Bankruptcy lawyer have in this?

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Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
Real property is not required to "reaffirmed." If there is a misspelling in your name, I do not think that is significant. Just keep making your payments.
Answer Applies to: California
Replied: 3/24/2011
Mercado & Hartung, PLLC
Mercado & Hartung, PLLC | Christopher J. Mercado
The new law states that reaffirmation agreements are not enforceable unless the attorney signs the reaffirmation agreement, certifying to the court that the debtor can afford the payments, and the agreement is filed with the court prior to the debtor receiving a discharge. If not timely filed, the lender may declare the loan in default and repossess the collateral.
Answer Applies to: Washington
Replied: 3/23/2011
The Doan Law Firm
The Doan Law Firm | Shawn Doan
It would have been malpractice had your attorney had you enter into a reaffirmation agreement on the house. It sounds like you are ok.
Answer Applies to: California
Replied: 3/23/2011
The Orantes Law Firm
The Orantes Law Firm | Giovanni Orantes
I do not know in what state your case was filed. If in Southern California, your bankruptcy attorney is guilty of not telling you that reaffirming the debt on your residence is not necessary nor usually approved by the Bankruptcy Courts in this district.
Answer Applies to: California
Replied: 3/22/2011
The Shakoori Law Group
The Shakoori Law Group | Rachelle Shakoori
Typically its not a good idea to reaffirm home loans.
Answer Applies to: California
Replied: 3/22/2011
    Carballo Law Offices
    Carballo Law Offices | Tony E. Carballo
    Assuming it is a minor discrepancy and the reaffirmation agreement was filed in the right case then it should make no difference. Home loans do not need to be reaffirmed. I do not know what you mean by your lawyer's responsibility. If the name discrepancy is because your lawyer made a mistake then you might want to contact him or her to see if something needs to be done about it to fix the problem, assuming it makes any difference.
    Answer Applies to: California
    Replied: 3/22/2011
    Law Offices of Joseph A. Mannis
    Law Offices of Joseph A. Mannis | Todd Mannis
    Since reaffirming on a home loan is usually such a bad idea that most judges won't even approve it, you should be thankful.
    Answer Applies to: California
    Replied: 3/22/2011
    The Law Office of Mark J. Markus
    The Law Office of Mark J. Markus | Mark Markus
    That depends on what your retainer agreement says. Reaffirmations in general are a very bad idea, and on mortgages never a good idea, so you may be better off if the agreements you filed are invalidated.
    Answer Applies to: California
    Replied: 3/22/2011
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