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Terry L.
Terry L., Attorney
Category: Bankruptcy Law
Satisfied Customers: 2884
Experience:  Better Business Bureau. 18yrs bankruptcy experience. Chicago Bar Assoc. American Bankruptcy Institute member.
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Back in 2005 we filed for Chpt 7 and my consumer debt was

Resolved Question:

Back in 2005 we filed for Chpt 7 and my consumer debt was discharged in Dec 07. Between the attorney and Citimortgage my reaffirmation letter to keep the home and repay the mort. was botched. They each blame the other for this. I have never missed a pymt. Now all 3 credit reports say completely different histories. Any way to fix this to get my reports repaired.
Submitted: 6 years ago.
Category: Bankruptcy Law
Expert:  Terry L. replied 6 years ago.

Terry L. :

Hi and thank you for your question. In the future, you can request me to answer any further questions.

Terry L. :

Reaffirmations, to be effective, must be filed while the case is open, and signed by both parties - creditor and debtor.

Terry L. :

There is a reopen fee of $260 to reopen any closed bankruptcy case.

Terry L. :

If the creditor is in agreement, it is possible to bring the motion to reopen to enter the reaffirmation.

Terry L. :

It would be up to the judge in your jurisdiction to decide if the reaffirmation should be entered.

Terry L. :

I know, in Chicago, they don't like to do it, since the code says that a reaffirmation must be entered before discharge.

Terry L. :

The more time that passes, the less likely the courts would be to permit the reaffirmation to be entered.

Terry L. :

Creditors do often let debtors continue to make payments, and let them keep the properties. Especially since there isn't much equity these days.

Terry L. :

The credit reports should indicate that the debts are discharged, and shouldn't report timely/untimely payments though.

Terry L. :

-since there is no reaffirmation.

Terry L. :

If reopening is not an option, you may be best off to refinance, and start fresh with a new lender.

Terry L. :

Then, all the payments will be able to be reported on the credit bureaus.

Terry L. :

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.

Terry L. :

Otherwise, you may have a lawsuit against your lender if they are reporting things inaccurately

Terry L. :

Thanks for your questions, good luck

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