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Roger, Attorney
Category: Bankruptcy Law
Satisfied Customers: 30897
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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After filing chapter 7 in wisconsin and including the house

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After filing chapter 7 in wisconsin and including the house in 2010. Thank bankruptcy was discharged in 11/2010. The bank did not send us paper work to reaffirm the mortgage. We are attempting to do a modification with that bank so we can keep/stay in the home. Can they still do a modification or will they insist on it being re affirmed first?
Hi - my name is XXXXX XXXXX I'm a Bankruptcy litigation attorney. Thanks for your question.

If your bankruptcy has been discharged, then it is not possible to do a reaffirmation at this point - any reaffirmation must be completed before discharge.

However, there's no legal requirement that you enter into a reaffirmation in order to keep a debt or in order to seek a loan modification. Thus, there's no legal requirement that you have a reaffirmation in place in order to do a loan modification.

Thus. since your bankruptcy has already been discharged, you can't get a reaffirmation, but it should not be necessary.
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