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Questions on Schedules of Bankruptcy

Atlanta, GA |

If I plan to reaffirm Debt- do I still list the debt on schedule A (Home) and Schedule D (car) ?
I dont want to list them and then not be able to reaffirm-

Attorney Answers 2


  1. Your question makes it sound like you plan to represent yourself, which is almost always a disaster in bankruptcy court. You need counsel. There are actually different rules for reaffirmations when you do and do not have a lawyer, so a successful reaffirmation is less likely in the Northern District of Georgia if you are pro se.

    Your debts all must be listed, regardless of intent. Whether you can reaffirm would require information you have no provided in your post.


  2. You must list all of your debts in your bankruptcy petition.

    There is a difference between signing a "Reaffirmation Agreement" and having the desire to keep the house/car and continuing to timely pay. It is usually not advisable to sign a Reaffirmation Agreement. If you want to keep the house/car, continue to make timely monthly payments and most creditors will be happy. If the creditor(s) want you to sign a Reaffirmation Agreement, they will send you the document. If you do not have counsel, do not sign a Reaffirmation Agreement without first reviewing the Reaffirmation Agreement guidelines available on the court's website. http://www.ganb.uscourts.gov/geninfo/pro-se_debtors.html

    I hope this information was helpful.

    *My response to your post on avvo.com did not create an attorney client relationship.

    www.vanwierenlaw.com

    vanwierenlaw.blogspot.com

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