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If you filed for bankruptcy and originally were going to keep a car and signed a reaffirmation agreement can you change your mind and turn it in under the bankruptcy before the discharge is signed?
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∙ 17y ago
Yes, contact your attorney IMMEDIATELY!
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∙ 17y ago
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If you are discharged from chap 7 and did not reaffirm your mortgage can you still surrender your home?
It's my understanding that when you sign a reaffirmation agreement, you then become liable once again for the loan. If the home was included in the bankruptcy, but no reaffirmation agreement was signed, you can "walk away" from the home at any time after the discharge and you're not liable. I've been told that the mortgage company will report it as a foreclosure though.
Can you reaffirm unsecured debts when filing a chapter 13?
No. Reaffirmation of debt is an option only in Chapter 7. Your unsecured creditors are paid according to your plan in chapter 13. Five requirements exist under the Bankruptcy Code in order to determine whether a reaffirmation agreement is valid: 1. The reaffirmation agreement must be entered into prior to discharge and it must then be filed with the court; 2. The agreement has to state that the debtor has the right to rescind the agreement either within 60 days after it�s filed or prior to discharge (whichever comes later); 3. If the debtor is represented by an attorney, the attorney has to sign and provide an affidavit verifying that the agreement is voluntary and does not impose an undue hardship on the debtor; 4. The debtor did not rescind the agreement within the required time; 5. That the agreement complies with the requirements of �524(c); and 6. If the debtor is not represented by counsel then the court will approve the reaffirmation agreement if no undue hardship is imposed and the reaffirmation is in the best interest of the unless it�s a consumer debt that�s secured by real property. Reaffirmation agreements are usually signed when the debtor wants to keep property that is security for a loan such as a house or car. It would be very unlikely for a court to approve the reaffirmation of an unsecured debt. However, there is nothing to prevent you from voluntarily paying the debt despite the discharge of the debt.
How do you reaffirm the home loan that was discharged in a chapter 7 bk over 1 year ago in Rhode Island?
You can't reaffirm a debt once the case is closed, unless for some reason the case was closed without a discharge. The last date within which you can reaffirm a debt is the date you receive your discharge. It is rare for a discharge to be vacated for the sole purpose of entering into a reaffirmation agreement. It makes no particular difference that your case arose in Rhode Island since bankruptcy law is a federal law. There is no difference in reaffirmation in Rhode Island compared to anywhere else in the United States.
Can a mortgage company who took over your mortgage two years after bankruptcy discharge require you to reopen your bankruptcy to enter into a reaffirmation agreement if prior company didn't need it?
They would never have more rights than the mortgage company they bought it from.... This would seem very, very, highly unusual...and likely impossible...and why would they want anything if your current...if your not...well that's a different story.
What does a bankrupt discharge?
The chapter 7 discharge order eliminates a debtor's legal obligation to pay a debt that is discharged. Most, but not all, types of debts are discharged if the debt existed on the date the bankruptcy case was filed. (If this case was begun under a different chapter of the Bankruptcy Code and converted to chapter 7, the discharge applies to debts owed when the bankruptcy case was converted.) Some of the common types of debts which are not discharged in a chapter 7 bankruptcy case are: a. Debts for most taxes; b. Debts that are in the nature of alimony, maintenance, or support; c. Debts for most student loans; d. Debts for most fines, penalties, forfeitures, or criminal restitution obligations; e. Debts for personal injuries or death caused by the debtor's operation of a motor vehicle while intoxicated; f. Some debts which were not properly listed by the debtor; g. Debts that the bankruptcy court specifically has decided or will decide in this bankruptcy case are not discharged; j. Debts for which the debtor has given up the discharge protections by signing a reaffirmation agreement in compliance with the Bankruptcy Code requirements for reaffirmation of debts.
You filed Chapter 7 bankruptcy and included your home they are also foreclsing on that how does that work Is it gone after the saleState of MI?
Although a Chapter 7 bankruptcy eliminates your personal obligation to pay the debt and can protection you from a deficiency judgment, it does not get rid of the voluntary lien secured the debt. The credit can still enforce deed of trust or mortgage. Unless you signed a reaffirmation agreement and reached an agreement wiht the bank on keeping the property, the lender can continue the foreclosure after getting relief from the automatic stay or after the discharge has been entered.
If a Chapter 7 has been discharged can anything be added to the original bankruptcy?
Debts which are retained in a Chapter 7 case are normally retained in one of two ways: (1) the debtor simply keeps paying the debt, keeps the collateral (such as a house or a car) and the creditor keeps accepting the money without any additional documents being signed by the debtor or creditor, or (2) the debtor formally "reaffirms" the debt by signing a "reaffirmation agreement," also signed by the creditor, which is filed with the Court. A reaffirmation agreement puts the debtor back on the hook for the debt since it waives the debtor's discharge on the debt. Debts which are reaffirmed during a Chapter 7 case can be "rescinded" (i.e. canceled) by the debtor providing notice to the creditor that they are rescinding the reaffirmation agreement PRIOR TO to the Discharge date or within 60 days after the reaffirmation agreement is filed with the Court, whichever is later. It is best to ensure that the notice to the creditor is in writing, and is preferably sent to the creditor by certified mail, return receipt requested, so the debtor can prove that the creditor received notice of the cancelation prior to the deadline. If one keeps a house or other debt in bankruptcy and then decides they don't want it, if the debt was not reaffirmed then the person can probably give the collateral back to the bank and walk away (see your lawyer). If one formally reaffirmed the debt, then one can normally rescind the agreement if the Discharge has not yet been granted or if it has not been 60 days from when the reaffirmation agreement was filed with the Court (again, see your lawyer). But, if the debt was formally reaffirmed and the deadline to rescind has expired, then the debtor will no longer be protected by the bankruptcy and will therefore probably still be liable on the debt (see your lawyer). Please note that nothing in this posting or in any other posting constitutes legal advice; this is simply my understanding of the facts, which I do not warrant, and I am not suggesting any course of action or inaction to any person.
If a car loan is reported on the credit report as 0 balance and discharged but paid continually after the bankruptcy can the car be returned to the bank without repercussion?
Bankrutpcy does not automatically get rid of the lien on your car. When you file for bankruptcy, you have 3 basic choices regarding your vehicle: (1) surrender the vehicle; (2) sign a reaffirmation agreement; and (3) redeem the vehicle. A reaffirmation agreement is an agreement to keep the vehicle, continue to make all payments and not receive a discharge of the car debt. If you signed one of these, you are still on the hook for the car loan. If you owe more than the car is worth, you can "redeem" the vehicle by purchasing it from the lender for the fair market value. The trick is getting the money together. Sometimes you can get new financing and you would be on the hook for the new financing. In some areas of the country, you can keep the vehicle and keep making payments without reaffirmation or redemption and maintain insurance. If you live in one of those jurisdictions such as California, you can turn in the vehicle without repercussion.
Where can you get your bankruptcy discharge paper?
In most cases it will be sent to you by the bankruptcy court. If you need another copy or have not received your discharge papers when you believe you should have then contact the bankruptcy court to obtain them.
After Chapter 7 bankruptcy has been Discharge can buy a home?
After Chapter 7 bankruptcy has been Discharge can buy a home
Can you fiance a house after bankruptcy?
Yes, 3 years after discharge of the Bankruptcy.
In bankruptcy what is the difference between release forms and discharge forms?
what is the difference between release forms and discharge forms in bankruptcy law..
