What should we do if we filed chapter 7 bankruptcy on a credit card they are wanting us to reaffirm that debt? 39 Answers as of July 10, 2013

On June 2nd, 2011 we filed chapter 7 in court. One of the credit card companies want us to reaffirm that debt. We can not. What can we do?

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Mercado & Hartung, PLLC
Mercado & Hartung, PLLC | Christopher J. Mercado
cc debt is unsecured and will be discharged. don't reaffirm that.
Answer Applies to: Washington
Replied: 8/25/2011
Breckenridge and Walton
Breckenridge and Walton | Alan D. Walton
My guess is that you used that card very recently and the creditor is threatening to bring an action to have the debt declared non-dischargeable. Many charges within 3 months of filing are PRESUMED to be fraud and you face an uphill battle rebutting it. You need an attorney.
Answer Applies to: Michigan
Replied: 7/22/2011
Burnham & Associates
Burnham & Associates | Stephanie K. Burnham
You do not have to reaffirm any of your debts. In fact many attorneys will recommend to their clients that they do not reaffirm. Unfortunately, many creditors will send reaffirmation agreements with the hope that the Debtor will make the mistake of reaffirming the debt when it is not necessary.
Answer Applies to: New Hampshire
Replied: 7/21/2011
The Law Office of Marvin Wolf
The Law Office of Marvin Wolf | Marvin Wolf
No one can force a debtor to reaffirm a debt. Reaffirming a debt means the bankruptcy doesn't count for that debt. Some creditors have the right to take something back if you don't pay. If it's not that kind of creditor, just general unsecured debt, they can't do anything to you. They can ask a debtor nicely, - once. They can pretend to offer a debtor something that they claim is of value, like keeping open a line of credit. But if they keep bothering a debtor and trying to force him to reaffirm, a debtor can threaten to report them to the judge. If you had used a lawyer to file your case, you would have known this already and not been so intimidated. Disclaimer: Legal information only, not legal advice for any specific situation - I am not your lawyer. Federal debt relief agent and attorney who files bankruptcies.
Answer Applies to: New Jersey
Replied: 7/19/2011
Law Office of Lynnmarie A. Johnson
Law Office of Lynnmarie A. Johnson | Lynnmarie Johnson
_they cannot force you to reaffirm the debt. Your attorney should be notified and tell the credit card co no for you!
Answer Applies to: Michigan
Replied: 7/18/2011
    Financial Relief Law Center
    Financial Relief Law Center | Mark Alonso
    Is this secured debt? Usually only secured debt is something that you would want to reaffirm, if at all. Reaffirming a debt means that you are accepting a personal liability on the debt after the bankruptcy. An unsecured credit card might ask you to do this if you try to keep it through the bankruptcy, however, a reaffirmation hearing is required and some courts are hesitant to approve a reaffirmation agreement because of the personal liability component of the reaffirmation. If you don't want the debt or to keep the account open, you do not have to reaffirm it, but that means you can't keep the card anymore. If this is secured debt, you should consult with an attorney or find a legal clinic that can offer some advice on reaffirming and whether or not you should.
    Answer Applies to: California
    Replied: 7/16/2011
    Bird & VanDyke, Inc.
    Bird & VanDyke, Inc. | David VanDyke
    No creditor can force you to re affirm a debt. If the creditor has filed a complaint to determine the debt non dischargeable you may have to re pay a portion of it, but you simply ignore them if they are requesting you to re affirm.
    Answer Applies to: California
    Replied: 7/16/2011
    Law Office of Asaph Abrams
    Law Office of Asaph Abrams | Asaph Abrams
    Reaffirmations defeat the purpose of debt relief and are generally not advised; the general disincentive applies more-so with credit cards/unsecured debts. Reaffirmations are voluntary. It's pretty much bad faith for a credit card company to request reaffirmation in the first place.
    Answer Applies to: California
    Replied: 7/15/2011
    Dan Shay Law
    Dan Shay Law | Daniel Shay
    It depends on why they want you to reaffirm it. Typically, we never reaffirm credit cards. But if you used the card a lot before filing, they can object to discharge on the basis of fraud. In which case it may be easier to reaffirm than fight.
    Answer Applies to: California
    Replied: 7/15/2011
    Law Offices of Alexzander C. J. Adams, P.C.
    Law Offices of Alexzander C. J. Adams, P.C. | Alexzander Adams
    There is no requirement to reaffirm a debt on a credit card. Some credit cards reserve purchase money security interests (like a car loan) in which they claim the right to recover the property on default. In Oregon, Judge Perris quotes a case where a creditor wanted to pick up a used blanket from the debtor. You should talk to your attorney on how to best resolve this issue.
    Answer Applies to: Oregon
    Replied: 7/15/2011
    Engberg Law Office
    Engberg Law Office | Harry A. Engberg
    You do not have to reaffirm the debt. It is your choice.
    Answer Applies to: South Dakota
    Replied: 7/15/2011
    Theodore N. Stapleton, PC
    Theodore N. Stapleton, PC | Theodore N. Stapleton
    If you don't want to reaffirm a debt they can't make you, however you do have to return any merchandise in which the creditor has a purchase money security interest.
    Answer Applies to: Georgia
    Replied: 7/15/2011
    Colorado Legal Solutions
    Colorado Legal Solutions | Stephen Harkess
    You are not required to reaffirm a debt. There is usually no reason to agree to a reaffirmation on a credit card debt.
    Answer Applies to: Colorado
    Replied: 7/15/2011
    Rosenberg & Press
    Rosenberg & Press | Max L. Rosenberg
    This is why people need attorneys to file bankruptcy. Clearly someone here does not understand the basic concept behind bankruptcy. You file to discharge credit debt. There. That's good free advice. Obviously, the credit cards don't want to be discharged. Of course they would prefer to be reaffirmed. So go ahead, shoot yourself in the proverbial foot, and feel free to reaffirm, but know that you have no obligation to do so. And in the future, don't get involved in something legal that is way way way over your head without hiring an attorney.
    Answer Applies to: Connecticut
    Replied: 7/15/2011
    Guardian Law Group PLLC
    Guardian Law Group PLLC | C. David Hester
    Don't. If you filed Chapter 7 it is to get a fresh start not be saddled with the same debts you had walking in. Don't do it.
    Answer Applies to: Utah
    Replied: 7/15/2011
    Bankruptcy Law office of Bill Rubendall
    Bankruptcy Law office of Bill Rubendall | William M. Rubendall
    Reaffirming a debt is voluntary. You do not have to sign an agreement to pay a listed debt.
    Answer Applies to: California
    Replied: 7/15/2011
    Ray Fisher Law Offices
    Ray Fisher Law Offices | Ray Fisher
    First you should ask your bankruptcy lawyer about this. As a rule you should not reaffirm a credit card debt.
    Answer Applies to: Texas
    Replied: 7/15/2011
    Apple Law Firm PLLC
    Apple Law Firm PLLC | David Goldman
    You should speak to your bankruptcy lawyer about this. Generally if you are not required to reaffirm it, I would not unless there is some offsetting benefit that you want.
    Answer Applies to: Florida
    Replied: 7/15/2011
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    Your question tells me that you have already made an enormous blunder - you apparently filed without a lawyer. That almost always has problems. So retain counsel now. You are over your head. Credit card debt should almost never be reaffirmed. There are rare exceptions - when you face dischargeability issues for example. And in talking to the creditor, if such issues are at stake, you have messed up and possibly cost yourself far more money than a lawyer would charge you. Some creditors will want reaffirmations on secured store credit cards and your lawyer will suggest better options. You either should not reaffirm, or if this is a case where for some reason you should, you need a lawyer to negotiate good terms and you will not get such terms on your own. So get a lawyer ASAP, don't sign anything and get your situation resolved.
    Answer Applies to: Georgia
    Replied: 7/15/2011
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    NEVER reaffirm a debt on credit card. Ignore them. They are asking you do this because you don't have a lawyer to stick up for you.
    Answer Applies to: California
    Replied: 7/15/2011
    Carballo Law Offices
    Carballo Law Offices | Tony E. Carballo
    Don't reaffirm credit card debts if there is no property securing the debt. It sounds like the debt may be secured by some personal property according to the creditor (such as furniture, appliances, TV, computer, etc.) and they want you to return the property or reaffirm the debt and keep the property. You can ignore the creditor if the property is worth very little since they really don't want it back or you can negotiate to pay the present value of the property or you can return the property. You need to consult with your bankruptcy attorney as to what to do.
    Answer Applies to: California
    Replied: 7/15/2011
    Eric J. Benzer, Attorney at Law
    Eric J. Benzer, Attorney at Law | Eric Benzer
    Don't do it
    Answer Applies to: Maryland
    Replied: 7/15/2011
    Uriarte & Wood, Attorneys at Law
    Uriarte & Wood, Attorneys at Law | Robert G. Uriarte
    You do not have to reaffirm the debt. Moreover, even if you wanted to and it imposes a hardship on you the court will not approve it.
    Answer Applies to: California
    Replied: 7/15/2011
    Law Office of Xochitl Anita Quezada
    Law Office of Xochitl Anita Quezada | Xochitl Anita Quezada
    You do not have to reaffirm a debt on a credit card. However, if it is a secured debt and you want to keep the collateral, then you have to continue to make payments.
    Answer Applies to: California
    Replied: 7/15/2011
    The Schreiber Law Firm
    The Schreiber Law Firm | Jeffrey D. Schreiber
    I am not aware of any Judge who would approve reaffirming a credit card debt just to keep a credit card. Why would you want to? The worst is you will no longer have the credit card, and there is no guaranty that the credit card company would allow to keep the card even if you did reaffirm, and you are then legally bound to repay all of the old debt which would have been discharged in the bankruptcy.
    Answer Applies to: California
    Replied: 7/15/2011
    Ursula G. Barrios Law
    Ursula G. Barrios Law | Guillermo Machado
    Ignore that reaffirmation.
    Answer Applies to: California
    Replied: 7/15/2011
    Law Office of L. Paul Zahn
    Law Office of L. Paul Zahn | Paul Zahn
    Why would you want to reaffirm debt which will be discharged? There is no reason for you to do that.
    Answer Applies to: California
    Replied: 7/15/2011
    CONSUMER PROTECTION ASSISTANCE COALITION, INC. (DE).
    CONSUMER PROTECTION ASSISTANCE COALITION, INC. (DE). | Gary Lee Lane
    Incredible they let you charge that, but no do not reaffirm it.
    Answer Applies to: California
    Replied: 7/15/2011
    Law Office of Nanina Takla
    Law Office of Nanina Takla | Nanina Takla
    There is no good reason to reaffirm a credit card debt. I assume by your question that you filed the bankruptcy without an attorney it sounds like the credit card company is trying to capitalize on your ignorance. Your question helps show that there is far more to bankruptcy than just filling out papers. I strongly recommend against filing for bankruptcy without a competent attorney.
    Answer Applies to: Oregon
    Replied: 7/15/2011
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