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 cfortunato Your Own Question

cfortunato
cfortunato, Attorney
Category: Bankruptcy Law
Satisfied Customers: 8023
Experience:  Bankruptcy professor.
Type Your Bankruptcy Law Question Here...
cfortunato is online now
A new question is answered every 9 seconds

Can a discharged (March 2011) Chapter 7 B/R case be reopened

Resolved Question:

Can a discharged (March 2011) Chapter 7 B/R case be reopened purely to insert a mortgage reaffirmation & then closed again? This reaffirmation is absolutely necessary in order to refinance my home. My mortgage lender listed as a creditor, was never meant by me, to be part of the B/R & has received my never-late payments, yet lender insists he cannot remove bad credit notation on my credit reports until this (court approved) reaffirmation takes place. My B/R attorney says discharged B/Rs cannot be reopened.

To date I have found no mortgage lender who will touch me.
Submitted: 1 year ago.
Category: Bankruptcy Law
Expert:  cfortunato replied 1 year ago.

cfortunato : Hi - my name is XXXXX XXXXX X'X a Bankruptcy attorney here to assist you.
cfortunato : What your attorney told you is correct.
cfortunato : A reaffirmation absolutely must be executed and filed with the Bankruptcy court before a debtor receives a discharge. This rule is provided for in the Bankruptcy Code.
cfortunato : Once a debtor receives a discharge, it is too late to file a re-affirmation agreement.
cfortunato : (In general, a closed Bankruptcy case can be re-opened, but not because the debtor wants to file a re-affirmation agreement.)
Customer: 1. My attorney dropped the ball. We told him a number of times that we wanted to keep the house & that this was only because of credit cards.
Customer: 2. Mortgage lender sent non-requested reaffirmation papers to attorney dated one day after the discharge. Even murder cases can be reopened. A mistake was made, is there no recourse?
Customer: Any advice as to what to do next?
cfortunato : It is rarely a good idea to re-affirm a mortgage. Saving a few points by re-financing is not worth the risk that something happens and the debtor is not able to pay the mortgage. Because re-affirmation means the lender can get a judgment for the balance of the mortgage if something happens and the debtor is not able to continue to pay the mortgage. This judgment could be used to attach assets the debtor owns, and can be used to garnish the debtor's earnings.
cfortunato : In any event, and unfortunately, even if you wanted to re-affirm in spite of the risks, there is no recourse - even though the papers were sent shortly after the discharge.
cfortunato : But if you are not convinced, you can certainly go to the clerk at the Bankruptcy court, and ask to file a motion to re-open your case.
cfortunato : The worst that could happen is your motion would be denied (the case would not be re-opened).
Customer: To someone on a fixed income, a few points is over $500 per month, this lender has already sent me my perfect payment record since purchase 5 yrs ago this month. I'll try that, thank you!
cfortunato : You would then be able to convince your mortgage company that you are not able to re-affirm your mortgage, in spite of the fact that you did try.
cfortunato : This would be a "good-faith" gesture on your part to try to comply with their request.
Customer: Ok, Thanks
cfortunato : You're welcome!
cfortunato : And I do hope everything works out for the best for you!
cfortunato, Attorney
Category: Bankruptcy Law
Satisfied Customers: 8023
Experience: Bankruptcy professor.
cfortunato and other Bankruptcy Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • FiveStarLaw

    Attorney

    Satisfied Customers:

    3203
    Bankruptcy Lawyer. Experienced.
< Last | Next >
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    3203
    Bankruptcy Lawyer. Experienced.
  • http://ww2.justanswer.com/uploads/TL/tleeders/2012-6-13_204815_TSL1.64x64.jpg Terry L.'s Avatar

    Terry L.

    Attorney

    Satisfied Customers:

    2204
    Better Business Bur 15yrs bankruptcy experience. Chicago Bar
  • http://ww2.justanswer.com/uploads/mnphillips2/2009-03-13_203105_10984459-249293407.jpeg Phillips Esq.'s Avatar

    Phillips Esq.

    Attorney-at-Law

    Satisfied Customers:

    950
    B.A.; M.B.A.; J.D.
  • http://ww2.justanswer.com/uploads/CO/cortrightlaw/2011-12-5_4117_Kevin.64x64.JPG cortrightlaw's Avatar

    cortrightlaw

    Attorney

    Satisfied Customers:

    490
    Attorney practicing Bankruptcy Law including Chapter 7, Chapter 11, Chapter 12, and Chapter 13.
  • http://ww2.justanswer.com/uploads/Jay1968/2006-12-03_004423_JoeRossPhoto.jpg JoeLawyer's Avatar

    JoeLawyer

    Attorney

    Satisfied Customers:

    376
    Attorney in the practice of Bankruptcy Law since 1996
  • http://ww2.justanswer.com/uploads/DY/Dylatess/2012-9-11_1968_BHBTemplePhoto.64x64.jpg dylatess's Avatar

    dylatess

    Attorney

    Satisfied Customers:

    370
    35 plus years of experience specializing in bankruptcy law
  • http://ww2.justanswer.com/uploads/US/USLawAnswers/2012-9-20_23143_20090105211638Headshot3b.64x64.jpg Brent Blanchard's Avatar

    Brent Blanchard

    Bankruptcy Attorney

    Satisfied Customers:

    315
    Twelve years experience in all aspects of debtor & creditor BK.