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How to Move Page Bankruptcy Agreement

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hi wes scott from life back law and today were going to talk about should you sign a reaffirmation agreement during your chapter 7 bankruptcy case this is a good blog a reaffirmation agreement is an agreement where you give your liability back to the bank for example on a house loan on a car loan on any loan and as a general rule you know were filing a bankruptcy were getting rid of your personal liability the idea of giving your personal liability back to the bank is its antithetical to what were doing right now uh remember the security interest that the bank has on the collateral the house the car remains even after the bankruptcy so that nobody who files a bankruptcy gets a free car free house right i mean nobody nobody would lend you money if that were the case right if i could lend you money and then you turn around file bankruptcy and get a free house im not lending you the money right it would just crash our whole financial system so the banks security interest survives

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Why do you need a reaffirmation agreement?

A reaffirmation agreement allows you to agree with a lender to keep your collateral after filing for bankruptcy. Common types of loans you may make a reaffirmation agreement for include home loans, auto loans or any other docHub collateral you use regularly.

Can a lender refuse a reaffirmation agreement?

The agreement is voluntary for you and for the creditorthe creditor may refuse to offer a reaffirmation. All parties need to move quickly to get an agreement reviewed, signed, and filed.

How long do you have to keep bankruptcy discharge papers?

Even though your bankruptcy petition, documents, and discharge seem like financial documents that could fall under the same timeline as your tax docs, they are NOT. They are far more important and should be kept indefinitely.

Can I keep my car without reaffirming?

Reaffirmation is voluntary You dont have to reaffirm. In fact, the form that you file with your bankruptcy papers allows you to elect to surrender the car. Surrender may be the best thing if the car is simply too expensive or isnt reliable. You can choose to keep the car and continue paying without reaffirming.

What happens if you reaffirm a debt then fail to pay it?

Reaffirming a debt will make you personally liable for that debt even after your bankruptcy. If you are unable to make payments after executing a reaffirmation agreement, the lender will take the collateral and may sue you for any deficiency.

What happens if you dont reaffirm your mortgage?

Without a reaffirmation agreement, you are not personally liable for the debt. So, while the mortgage company can still foreclose on their lien if you dont pay, you are free to walk away with no penalty or further damage to your credit.

Is a reaffirmation agreement necessary?

No, you are not required to reaffirm a debt by any law. Only agree to reaffirm a debt if it is in your best interest. Be sure you can afford the payments that you agree to make.

What happens if I did not reaffirm my car loan?

What Happens If I Dont Reaffirm My Car Loan? Without a payment contract, the lender could repossess the car at any time, even if you continued making monthly amounts and remained current. Also, you wouldnt benefit from timely payments because the lender wouldnt report payments to credit bureaus.

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