How can we go back and reaffirm our home after our bankruptcy file was discharged? - Bankruptcy Law Questions and Answers- LawQA.com

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How can we go back and reaffirm our home after our bankruptcy file was discharged?

Our lawyer was absent for our trustee hearing and left the firm during our case without notifying us. Our chapter 7 bankruptcy (due to failed business) has been discharged, but we have now discovered she did not inform us that we needed to reaffirm our home before the discharge, or the bank account that we must keep. Our bank now says they can't reaffirm with us. How can we fix this?

Answer By Alan D. Walton
Breckenridge and Walton
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Nothing is broken. As long as you pay on your home, you are safe from foreclosure. Most knowledgeable bankruptcy attorneys will NOT reaffirm home loans. Your bank is leading you against your attorney who did the right thing for you.

Answer Applies to: Michigan
Replied: 9/27/2011

Answer By Duncan T Pham
D T Pham Associates, PLLC
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If you have failed to reaffirm your home mortgage during the pendency of your bankruptcy filing, you may be facing foreclosure very soon, unless you can get your mortgage reinstated or modified.

Answer Applies to: Texas
Replied: 9/16/2011

Answer By Dan Wilson
Dan Wilson Bankruptcy
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I never allow my clients to reaffirm. Reaffirmation means you are taking back the debt you just discharged. You don't have to reaffirm a mortgage. So long as you make the payments creditor cannot foreclose. But what happens if you reaffirm and a couple years later you decide you just cannot afford the keep the house or you get tired of owing $300,000 for a house that is worth $200,000. You are stuck unless you can come up with the difference. The bank will threaten all sorts of stuff, like you cannot pay on line or cannot pay by automatic withdrawal. Big deal. All the above is academic because you must reaffirm before the case closes. Its too late. Don't know what you mean by bank account you must keep, but if it involves reaffirmation of a debt don't do it.

Answer Applies to: Colorado
Replied: 9/16/2011

Grace Law Offices of John F Geraghty Jr.
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A Motion to ReOpen for the limited purpose of reaffirming the property.

Answer Applies to: Georgia
Replied: 9/15/2011

Answer By Janet Lawson
Janet A. Lawson Bankruptcy Attorney
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You do not need to reaffirm a home mortgage! The code does not require it. Just keep making your payments.

Answer Applies to: California
Replied: 9/15/2011

Answer By David VanDyke
Bird & VanDyke, Inc.
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Probably can't re affirm now. This shouldn't be a problem as most people dont re affirm mortgages. You can simply continue to pay and it should not be a problem.

Answer Applies to: California
Replied: 9/15/2011

Answer By Eric Lewis
Indianapolis Bankruptcy Law Office of Eric C. Lewis
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You cannot sign a reaffirmation agreement after the bankruptcy is discharged, it's too late.

Answer Applies to: Indiana
Replied: 9/15/2011

Bankruptcy Law office of Bill Rubendall
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It is not typical to reaffirm a home mortgage since the lender retains its security interest in the property. You can keep the house as long as you make your regular payment.

Answer Applies to: California
Replied: 9/15/2011

Judith A. Runyon, Esq. Attorney at Law
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You are not require to reaffirm mortgages in any bankruptcy - only car loans in a chapter 7, if you want to keep the car. Never reaffirm mortgages.

Answer Applies to: California
Replied: 9/15/2011

Answer By Tony Yuthas
G. Anthony Yuthas & Assoc.
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Reaffirmations must be signed and approved by the court while your case is still active. This is normaly 60 days from your 341 meeting. You never have to reaffirm a loan and your bank has discretion here.

Answer Applies to: Colorado
Replied: 9/15/2011

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