Bankruptcy Law Questions? Ask a Bankruptcy Lawyer Now.
Hi and thank you for your question. In the future, you can request me to answer any further questions.
Reaffirmations, to be effective, must be filed while the case is open, and signed by both parties - creditor and debtor.
There is a reopen fee of $260 to reopen any closed bankruptcy case.
If the creditor is in agreement, it is possible to bring the motion to reopen to enter the reaffirmation.
It would be up to the judge in your jurisdiction to decide if the reaffirmation should be entered.
I know, in Chicago, they don't like to do it, since the code says that a reaffirmation must be entered before discharge.
The more time that passes, the less likely the courts would be to permit the reaffirmation to be entered.
Creditors do often let debtors continue to make payments, and let them keep the properties. Especially since there isn't much equity these days.
The credit reports should indicate that the debts are discharged, and shouldn't report timely/untimely payments though.
-since there is no reaffirmation.
If reopening is not an option, you may be best off to refinance, and start fresh with a new lender.
Then, all the payments will be able to be reported on the credit bureaus.
For inaccuracies, you need to contact the credit bureaus. Since there was no reaffirmation, the debt should have been zero'd out, with no payment history showing from the date of filing forward. They should correct it when you send them a request.
Otherwise, you may have a lawsuit against your lender if they are reporting things inaccurately
Thanks for your questions, good luck
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).