How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Terry L. Your Own Question
Terry L.
Terry L., Attorney
Category: Bankruptcy Law
Satisfied Customers: 2822
Experience:  Better Business Bureau. 18yrs bankruptcy experience. Chicago Bar Assoc. American Bankruptcy Institute member.
15345323
Type Your Bankruptcy Law Question Here...
Terry L. is online now
A new question is answered every 9 seconds

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: 7 years ago.
Category: Bankruptcy Law
Expert:  Terry L. replied 7 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. and other Bankruptcy Law Specialists are ready to help you
Customer: replied 7 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 7 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.