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Ask Terry L. Your Own Question
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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My attorney didnt file my reafirmation aggrement on time so

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My attorney didn't file my reafirmation aggrement on time so my car was repoed yesterday. Tried dealing with her called Ford and they said case is closed. My bankruptcy is still open. This has been going on since April. Called another attorney to see if they can fix this but think it will be not happening. Called a malpractice attorney also. I spoke with one of your attorneys last night and did what he recommened. Called court clerk and trustee also. Need some help to get my car back. Made all payments too!

Terry L. :

Hi, thanks for your question. You should hire a lawyer for specific legal advice. No attorney client relationship is created here.

Terry L. :

What is the question you have

Terry L. :

Reaffirmations are not required under the bankruptcy code.

Terry L. :

Did you sign a reaffirmation?

Terry L. :

Reaffirmations must be filed with the court before discharge. It doesn't matter if the case is still open or not

Terry L. :

Generally, the court does not permit a motion to reopen the case, to enter the reaffirmation, since they must be filed before the discharge. You could try though, but it costs $275 to reopen a closed bankruptcy case.

Customer:

Yes I did. The attorney didn't fill it our correctly and sign it and was given 14 days to do it and she didn't. Ford took my car yesterday and it's current on payments. My case is still open too.

Terry L. :

Once the debtor and the debtors attorney sign a reaffirmation, then they get it to the creditor to sign and file.

Terry L. :

Did your discharge get entered ?

Customer:

All that was done and I have the signature but something went wrong

Terry L. :

Your only recourse is the malpractice then your attorney did something wrong.

Terry L. :

What did they do wrong?

Customer:

She did not get back to the reaffirmation aggrement in 14 days like was requested. Even after ford signed it off. Then they cancelled a court call because tge didn't need to do it?

Customer:

they

Terry L. :

Then your cause of action is against the attorney, if they didn't do their job

Terry L. :

If they can't work something out with ford, then you can file a malpractice case against the attorney

Terry L. :

Any other questions?

Customer: Thank you
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