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Experience:  Attorney in the practice of Bankruptcy Law since 1996
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Southern District of Florida. Attorney never told me that

Resolved Question:

Southern District of Florida. Attorney never told me that I had to file a reaffirmation agreement prior to discharge if I wanted to reaffirm the mortgage (I have to in order to refinance as part of a divorce agreement), if I have to reopen to file a affirmation agreement will my discharge date now be moved forward? I noted on my filing that I intended to reaffirm, I thought that is all that was needed.  My attorney never told me otherwise. That would be bad as I am nearing the two years where I will qualify for FHA refinancing.

Submitted: 1 year ago.
Category: Bankruptcy Law
Expert:  JoeLawyer replied 1 year ago.
Technically it is too late to file a reaffirmation agreement, since the reaffirmation agreement has to be "made before the granting of the discharge" according to 11 U.S.C. 524(c)(1) (HERE).

So, you cannot technically go back and reopen the case and file a reaffirmation agreement since the discharge has already been granted.

However, despite 524(c)(1), I have gone back and reopened cases for clients who decided they wanted to reaffirm loans after discharge. And, while this late-filed reaffirmation agreement is not technically binding since it was filed after discharge, the fact that it is filed at all (even late) is normally enough to satisfy the lender and prompt the lender to go ahead and refinance.

Of course I don't know if your particular lender will be happy with a late filed reaffirmation agreement, but you can discuss this with the attorney you consult to see about reopening your case to file the reaffirmation agreement.

Joe

LEGAL NOTICE: I am only licensed to practice law in certain state(s) and I cannot give legal advice to someone who does not reside in a state in which I am licensed, nor shall anything I say in the above answer or elsewhere on this site be deemed legal advice, even to someone who resides in a state in which I am licensed. Funds I receive from JustAnswer.com are gratuities paid to me for taking the time to respond to questions, not for legal advice. This forum is designed to provide general information only, and information herein is not warranted to be correct or applicable in any way since laws may have been misinterpreted herein, since laws change from time to time, and since the impact of those laws on any particular situation varies. The information presented in this site shall not be construed to be formal legal advice nor the formation of an attorney-client relationship. Persons accessing this response are encouraged to seek independent legal counsel in their jurisdiction for guidance regarding their individual circumstances. Do not take any action or inaction based on information presented herein since it is informational and may not be accurate or applicable to you; it merely attempts to give you a basis of knowledge to help you formulate questions to ask a legal or other professional in a face-to-face meeting in your jurisdiction. JoeLawyer is an attorney but does not hold himself out to be a specialist or expert in any area, regardless of assertions made by any third party, and any implication of being an expert or specialist herein is made in error. I hope the information presented above is useful to you. Answer above is (c) JoeLawyer. All rights reserved.
Customer: replied 1 year ago.

That is not the main crux of my question. Would reopening the case to file the reaffirmation agreement change the date of my bankruptcy discharge... I don't want to refinance with the same lender, and a new FHA lender requires two years from the date of discharge to qualify.

Expert:  JoeLawyer replied 1 year ago.
Ah sorry I missed that. No, the discharge was granted when it was granted and that date will not change no matter what you do at this point.

Reopening a case doesn't normally change any of the essential dates, it just lets you clean up things that were missed during the case.

Joe

LEGAL NOTICE: I am only licensed to practice law in certain state(s) and I cannot give legal advice to someone who does not reside in a state in which I am licensed, nor shall anything I say in the above answer or elsewhere on this site be deemed legal advice, even to someone who resides in a state in which I am licensed. Funds I receive from JustAnswer.com are gratuities paid to me for taking the time to respond to questions, not for legal advice. This forum is designed to provide general information only, and information herein is not warranted to be correct or applicable in any way since laws may have been misinterpreted herein, since laws change from time to time, and since the impact of those laws on any particular situation varies. The information presented in this site shall not be construed to be formal legal advice nor the formation of an attorney-client relationship. Persons accessing this response are encouraged to seek independent legal counsel in their jurisdiction for guidance regarding their individual circumstances. Do not take any action or inaction based on information presented herein since it is informational and may not be accurate or applicable to you; it merely attempts to give you a basis of knowledge to help you formulate questions to ask a legal or other professional in a face-to-face meeting in your jurisdiction. JoeLawyer is an attorney but does not hold himself out to be a specialist or expert in any area, regardless of assertions made by any third party, and any implication of being an expert or specialist herein is made in error. I hope the information presented above is useful to you. Answer above is (c) JoeLawyer. All rights reserved.
JoeLawyer, Attorney
Category: Bankruptcy Law
Satisfied Customers: 767
Experience: Attorney in the practice of Bankruptcy Law since 1996
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