How can you reaffirm a debt after going ch 7? she wants to and is paying her car loan but they will not give here a statemen.

If the debtor decides to reaffirm a debt, he or she must do so before the discharge is entered. The debtor must sign a written reaffirmation agreement and file it with the court. 11 U.S.C. § 524(c). The Bankruptcy Code requires that reaffirmation agreements contain an extensive set of disclosures described in 11 U.S.C. § 524(k). Among other things, the disclosures must advise the debtor of the amount of the debt being reaffirmed and how it is calculated and that reaffirmation means that the debtor's personal liability for that debt will not be discharged in the bankruptcy. The disclosures also require the debtor to sign and file a statement of his or her current income and expenses which shows that the balance of income paying expenses is sufficient to pay the reaffirmed debt. If the balance is not enough to pay the debt to be reaffirmed, there is a presumption of undue hardship, and the court may decide not to approve the reaffirmation agreement. Unless the debtor is represented by an attorney, the bankruptcy judge must approve the reaffirmation agreement.

If the debtor was represented by an attorney in connection with the reaffirmation agreement, the attorney must certify in writing that he or she advised the debtor of the legal effect and consequences of the agreement, including a default under the agreement. The attorney must also certify that the debtor was fully informed and voluntarily made the agreement and that reaffirmation of the debt will not create an undue hardship for the debtor or the debtor's dependants. 11 U.S.C. § 524(k).

This information does not create an attorney client relationship.

I agree with Mr. Hamilton's remarks. In addition to what he wrote, you should be aware that a reaffirmation agreement requires both parties to agree and both parties to sign (plus either the debtor's attorney or the judge).

If the discharge has been entered, then you cannot "reaffirm" the debt, at least not without re-opening the bankruptcy case. If you are trying to reaffirm before the discharge is entered and the creditor is not responding, it may be because they do not know what to do or it may be because they do not wish to reaffirm with you.

If they do not know what to do, you should be able to get a reaffirmation agreement from your lawyer or off the court's website, and fill in the blanks. Then the creditor must sign and you must sign, and the signed reaffirmation must be filed in the bankruptcy case. Otherwise, it is not enforceable.

And remember that you have until 60 days after the reaffirmation agreement is filed or until the discharge date, whichever is later, to rescind the reaffirmation agreement. If that comes up, you should do it clearly, do it in writing, file it with the court, and get a copy to the creditor.

I am not licensed to practice in Florida, so you should consult with a Florida bankruptcy attorney to make sure Florida and federal law are followed and satisfied.