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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?
Yes, contact your attorney IMMEDIATELY!
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.
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.
What is a Reaffirmation agreement in chapter 7 bankruptcy?
A reaffirmation agreement is an agreement between the debtor and the lender that the underlying debt with not be discharged in bankruptcy. The debtor will remain personally liable for repaying the debt even after the bankruptcy.
What can you do if your mortgage company requires a reaffirmation agreement for a loan modification but your lawyer said it was not needed so you did not do one?
If your mortgage company requires a reaffirmation agreement but you did not do it based on the advice of your lawyer, talk to the mortgage company and explain to them why you didn't do it. The lawyer should contact them for you and explain that these documents are not needed. In some cases it can be easier just to sign the reaffirmation agreement as the mortgage company is requesting.
What best characterizes European art and literature in the 1920s?
a reaffirmation of human beauty and goodness
Foreclosure after discharge with no reaffirmation?
A foreclosure proceeding that missed a recorded discharge of the mortgage may be defective. In certain states and depending on the level of the defect- the foreclosure may need to be done over from scratch. In that case you may find some assistance that was not available before pursuant to new consumer protection provisions relating to foreclosures. You would need to seek the advice of an attorney in your state who is familiar with the current foreclosure laws and bankruptcy law.
Can a creditor add attorneys fees to an existing loan if it has been reaffirmed during bankruptcy?
Usually the debt is reaffirmed under the same terms and conditions as originally agreed. Most of those allow attorney's fees to be added, along with costs. If the original agreement did not allow those expenses, they are not allowed in the reaffirmation unless the reaffirmation agreement allows them. Did you not read your reaffirmation agreement before you signed it? Do you even have the original agreement?
How do you reaffirm your home if your ch 7 was discharged before you could reaffirm?
If you mean the c. 7 was dismissed before you got your discharge, you may not have to reaffirm. Everything goes back the way it was before you filed. If you mean you have not received reaffirmation documents from your lawyer or the mortgage company and you have received your discharge, the discharge only applies to the unsecured debts, not the mortgage, and if you signed the "Statement of Intentions" which said you were reaffirming the mortgage, don't worry. You did what you needed to do. It is up to the mortgage company to get you the paperwork, especially if you did not have a lawyer. They may not bother as long as you are making the payments on time. They may be waiting for you to make a late payment or miss a payment, at which point the lack of a reaffirmation agreement may come back to haunt you. This issue depends on your state law regarding the effect of bankruptcies where mortgage contracts provide for automatically bringing the whole balance due forward. Many states prohibit foreclosures in those circumstances, but not all. Talk to a bankruptcy lawyer in your state.
Why did the Greeks paint pictures of mythological gods and battles on their urns?
For decoration and reaffirmation of ancient mythic teaching.
What other accreditation does Broward college have?
Broward College is working towards SACS COC Reaffirmation of Accreditation.
