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self filed no asset chapter 7 in IL. Sign reaffrimation agreement

Resolved Question:

self filed no asset chapter 7 in IL. Sign reaffrimation agreement did not have a hearing and far as i can tell judge did not sign off on it. I am still liable
Submitted: 4 years ago.
Category: Bankruptcy Law
Expert:  Terry L. replied 4 years ago.
If you signed the reaffirmation, and sent it to the creditor, they will file it with the court. The court will usually make a statement as to if there is a presumption of undue hardship or not. if there is, then the judge can override it on their own, or request a hearing for you to show how you can afford it.

IF you no longer want the item financed, you should file a rescission of the reaffirmation with the court and send to the creditor. You have until discharge or 60 days from the date the reaffirmation was filed, whichever is later, to rescind the reaffirmation. I'd file this, even if the reaffirmation wasn't filed yet, just to be safe. Then you will not be responsible for the payments, but you will need to give the item back to the creditor.

Terry L., Attorney
Category: Bankruptcy Law
Satisfied Customers: 2506
Experience: Better Business Bur 15yrs bankruptcy experience. Chicago Bar
Terry L. and other Bankruptcy Law Specialists are ready to help you
Customer: replied 4 years ago.
I had no attorney. bankruptcy discharged in 05/09. creditor reaffirmation paper work stipulates that the judge must approve and sign the 240 and a hearing set none of this was done.
Expert:  Terry L. replied 4 years ago.
You should check with the court clerk to see if it was filed. If not, then you are not on the hook for the debt. All reaffirmations contain the motion for court approval for pro-se debtors. sometimes, the court can allow them without the hearing, depends on the judge.

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