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I filed chapter7 ,3yrsagoi did not list mort. now the mort co. i have said this is a refirmmation? can they do this?

Valparaiso, IN |
Filed under: Chapter 7 bankruptcy

how do i get my home out of this refirmation?

Attorney Answers 6

Posted

Could you rewrite your question, please?

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Posted

If you did not list your mortgage in your bankruptcy filing, this is a very serious problem, but it has nothing to do with a reaffirmation, which must be approved by a bankruptcy judge. Check your bankruptcy file to be sure and consult with an experienced bankruptcy attorney in your community for further direction. Hope this perspective helps!

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1 lawyer agrees

Posted

When you reaffirm a debt, you are saying "although I am entitled to discharge this debt, I have knowingly and voluntarily agreed to again take on this obligation."
Seek local counsel.

This attorney is licensed in Maryland, Virginia, and the District of Columbia. If you are not in these jurisdictions, please consult with an attorney who is licensed in your jurisdiction. This in no way implies or creates an attorney-client relationship.

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Posted

It sounds to me that while you filed and listed the mortgage as required you reaffirmed the debt. The phrasing you used about not listing the mortgage co. is similar to what I hear from people. However, when we dig a little deeper the reality is the debt was reaffirmed. The reality is that if you reaffirmed you still owe the debt. Check with your bankruptcy counsel.

Travis A. Van Winkle The Law Office of Travis Van Winkle, LLC does not intend for this response to be construed as legal advice. Instead, it is intended as general information. You should consult with a lawyer for legal guidance regarding the specifics of your case.

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Posted

You should speak with the attorney you filed your bankruptcy with to double check exactly what happened here. I would suspect that you did list the mortgage and that you did not reaffirm the debt on the mortgage loan. The reason why I believe your mortgage was listed is your bankruptcy trustee would likely have attempted to take and sell your house is you had equity over and above your exemption levels and it does not sound like that happened. There is a schedule in your bankruptcy petition that indicates all of the real estate that you own and the mortgage is almost always listed there. If anything, if nothing was listed your bankruptcy trustee would have asked a lot about this in your 341 Hearing.

Also, I suspect you did not reaffirm the debt because there is no reason to do so. Moreover, many times the local bankruptcy judges hold hearings on reaffirming the debt to effectively tell you this is not a great idea, it does not benefit you, it goes contrary to the point of filing bankruptcy, and only benefits your creditor.

Again, call the attorneys office that helped you file your bankruptcy and they should be able to answer this question once and for all for you.

While I appreciate the opportunity to answer your question, my thoughts and impressions of your case may change given more information. Typically, I would give advice following a face-to-face meeting where we could both ask questions of each other about your situation. Therefore, my answer is intended to be general guidance and not legal advise for you to rely on in your particular situation. Moreover, my response to you is not intended to establish an attorney-client relationship. If you would like to hire me as an attorney, you must contact my office and we must enter into an agreement for me to represent you.

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Posted

I would speak with the attorney who assisted you with your bankruptcy, however, whether you listed your mortgage or not, a reaffirmation agreement is a seperate document which must be filed with the Court and either signed by you and your attorney, or approved by the Court within a certain time frame. It sounds like you did not reaffirm this debt, but again, I recommend you contact your attorney.

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