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Lost reaffirmation paperwork

Berwyn, IL |

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

Attorney Answers 4


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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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.

The information provided here should not be construed to be formal legal advice. The provision of this general advice does not create a lawyer-client relationship. Persons with legal questions are encouraged to seek independent counsel for advice regarding their individual legal issues.

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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.

This post is for general purposes only and is not intended to create an attorney-client relationship. Please consult an attorney for specific legal advice for your situation.

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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....

The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Illinois. Responses are answers to general legal questions and the receiver of such question should consult a local attorney for specific answers to questions.

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