During our bk I received the reaffirmation paperwork, I remember signing it and I am positive I sent it back to attorneys. The lenders said they never received it and debts were discharged. .( attorney also said theybdont have it in files)If for some reason my attorney happens to find the reaffirmation papers would it matter anymore since the debts were discharged in chptr 7 bk? Or would the debt now be reaffirmed since they found Thank you soo much for your help
The bankruptcy court would have needed to approve your reaffirmation agreement before your discharge. Since that didn't happen the debt has been discharged.
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Family Law Attorney
I agree with counsel.
It is more difficult to get reaffirmations approved since the last reform of the law and the process must be completed before discharge and the expiration of all the deadlines.
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Are you sure that you did not sign something else? At first blush, it sounds as if you didn't sign a reaffirmation agreement for either mortgage, but just think that you did. And even if you did and your lawyer just stuck it the file, those debts have already been discharged.
I almost never recommend that a Chapter 7 client reaffirm a mortgage.There is no advantage in doing so, unless the lender offers new loan terms that are incredibly favorable to the borrower -- which is extremely rare.
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While the attorneys above are correct. If the reaffirmation agreement was executed (signed before the discharge) it can still be entered in the bankruptcy. But only if it was signed before the discharge. That is the only exception to the rule. It is almost always in the banks interest for you to sign a reaffirmation agreement and generally never in your interest. I would let sleeping dogs sleep....
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