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Reaffirmation agreements are strictly voluntary. A debtor is not required to reaffirm any of his or her debts. If a debtor signs a reaffirmation agreement, the debtor agrees to pay a debt that otherwise might be discharged in his or her bankruptcy case.
Is a reaffirmation agreement necessary?
Reaffirmation agreements are strictly voluntary. A debtor is not required to reaffirm any of his or her debts. If a debtor signs a reaffirmation agreement, the debtor agrees to pay a debt that otherwise might be discharged in his or her bankruptcy case.
What happens if my mortgage is not reaffirmed?
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. The bankruptcy has removed your personal liability.
When must a reaffirmation agreement be filed?
The signed agreement must be filed with the court no later than 60 days after the first date set for the meeting of creditors, so that the court will have time to schedule a hearing to approve the agreement if approval is required.
What happens if a reaffirmation agreement is denied?
Either way - if the reaffirmation agreement is not approved, your personal liability is discharged. And - just like when the court denies approval of the reaffirmation - most lenders will simply keep everything the same, as long as you make timely payments and keep the vehicle insured.
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Can I refinance if I did not reaffirm my mortgage?
If the only issue is that you did not reaffirm the home loan in your bankruptcy, you will be able to refinance your loan with a different lender. Your lawyer was not remiss in advising you not to try to reaffirm the mortgage.
What happens if I dont reaffirm my car loan?
Reaffirmation Provides Certainty Against Repossession If you dont sign a reaffirmation agreement, the lender can repossess your car after your case closes and the automatic stay lifts. Some car lenders are known to repossess the car immediately, even if you are current on payments.
What does it mean to reaffirm the debt?
A reaffirmed debt remains your personal legal obligation to pay. Your reaffirmed debt is not discharged in your bankruptcy case. That means that if you default on your reaffirmed debt after your bankruptcy case is over, your creditor may be able to take your property or your wages.
Why do people choose to reaffirm particular debt?
When a person files for bankruptcy, they do so in order to be relieved of a debt burden they cannot pay. By entering into a reaffirmation agreement, a borrower often maintains possession of an asset held as collateral such as a home or a car, as long as they can fully repay the debt owed on that particular loan.
Does reaffirming help credit?
Reaffirming has no effect on credit score But, it turns out, reaffirming a car loan after a Chapter 7 bankruptcy has little or no effect on the debtors post bankruptcy credit score. That was the conclusion of the judge in Anzaldo ( 612 B.R. 205 (Bankr.
Related links
Reaffirmation Agreements
According to some creditors that have written and testified, such as individual credit unions, a reaffirmation agreement is a collection tool that permits them
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