Regular payments were made for about two years on a second mortgage. That mortgage was listed in the BK filing. Is it possible that I inadvertently reaffirmed the debt?
Just listing the debt in the bankruptcy schedules does not automatically reaffirm a debt. A debt is reaffirmed only through an express Reaffirmation Agreement. So unless you signed such an agreement, you did not reaffirm the debt.
None of this is legal advice. It is for informational purposes only and does not create an attorney-client relationship with anyone reading it.
If you were represented by an attorney, call him/her and ask if you reaffirmed the debt. If you filed pro se, then the following would have happened.
A document that is approximately 8 pages long would have been prepared by the creditor, and the the reaffirmation agreement would have been signed by you as the debtor and by a representative of the creditor. Another document called a motion for approval of reaffirmation agreement would have been prepared, signed by you and filed with the court. Then the judge would probably have required that you appear before him at a short hearing on the motion, although the judge could have reviewed the terms of the agreement and not required the hearing, depending up the terms and your judge's position on the need for a hearing.
Similar documents would have been prepared and signed but your attorney may have approved the reaffirmation resulting in there being no need to file the motion.
As you can see, it is very unlikely that you inadvertently reaffirmed a debt.
Answers and comments provided are for general discussion only. My comments are not to be considered legal advice and they do not create an attorney-client relationship.
You must sign a written reaffirmation agreement, and the contract must be filed with the court to make your reaffirmation agreement binding upon you as a debtor. If you did not sign a written agreement, or if the written agreement was not filed with the clerk of the court, your second mortgage was discharged in your Chapter 7 case..
Reaffirmation is never automatic. A lot is required. The debtor signs a document. Counsel of record signs it too. Then the bank must sign it and the document must then be filed with the court before the discharge is entered. Failure on any of these points means that reaffirmation did not occur.
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