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Chapter 7 bankruptcy. If I refuse to sign reaffirmation with company who installed HVAC system. What will they do?

Los Angeles, CA |

I am in a Chapter 7. They sent me a reaffirmation for work done at my house. I'm just wondering if I effectively have to sign this thing. What can they do if I don't?

Attorney Answers 4


  1. Don't sign it, BUT keep making the payments. They are HIGHLY unlikely to foreclose on this lien. Good luck.

    Be sure to designate "best answer." If you live in Oregon, you may call me for more detailed advice, 503-650-9662. Please be aware that each answer on this website is based upon the facts, or lack thereof, provided in the question. To be sure you get complete and comprehensive answers, based upon the totality of your situation, contact a local attorney who specializes in the area of law that involves your legal problem. Diane L. Gruber has been practicing law in Oregon for 26 years, specializing in family law, bankruptcy, estate planning and probate. Note: Diane L. Gruber does not represent you until a written fee agreement has been signed by you and Diane L. Gruber, and the fee listed in the agreement has been paid.


  2. A reaffirmation agreement is a separate promise to pay a debt. If the lender's lien on the property is good, the lender can repo the property if you don't pay. As long as you continue to pay, there is no reason to repo, even without a reaffirmation agreement. Hope this perspective helps!


  3. The cost of recovering an installed HVAC system would likely exceed whatever they might be able to sell it for. They could, however, object to your discharge of that particular debt if they feel they can prove that you knew you were going to file BK when it was installed.


  4. This is a very state-law specific question. Here are the major issues:

    Is the HVAC now considered a fixture? Do they have a valid lien? What are their remedies?

    The advice of the other attorneys is good, for what it's worth. I would not reaffirm the debt, but until you are certain that there can be no ramifications to not paying, I would continue to pay the monthly note.

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