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Is reaffirment agreement enforceable?

Asked over 2 years ago - Chicago, IL

debt discharged in ch 7 bk on 05/22/2009. Reaffirment sent in by creditor stipulates that judge must approve agreement.. Looking at file on the computer the judge did not approve or sign it. I had no attorney so of what i read a hearing was supposed to be given; there was no hearing.
Northern Il BK court

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Attorney answers (1)

Henry Repay

Reputation Level 15

Answered over 2 years ago. Chapter 7 Bankruptcy Attorney in Belvidere, IL.

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You should consult an attorney to review your circumstances. If you have not yet received your discharge or if less than 60 days have passed since the agreement was filed with the court, you can rescind the agreement by giving notice to the creditor. Since you were not represented by an attorney, a reaffirmation hearing should have been held, so if you are correctly looking at the docket/history, then that presents another opportunity. Again, if you do not want to be stuck with this because of an error, then spend the money on getting sound legal advice.

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