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Roger
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Category: Bankruptcy Law
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i filed ch 7 3.5 years ago. In my petition, I indicated that

Resolved Question:

i filed ch 7 3.5 years ago. In my petition, I indicated that I 'intended' to reafirm the first and second mortgages on my primary residence. My attorney did not file actual reaffirmation agreements on the mortgages. I have been paying the two mortgages with no late payments , and in fact have never had late payments on the mortgages.

My issue is that I want the mortgages to show up on my credit report ! The banks won't report to the credit repositories unless I have reaffirmation agreements done. So, can reaffirmation agreements be done now after the fact? Does the court have to reopen the case or is it just a matter of writing up reaffirmation agreements ?
Submitted: 1 year ago.
Category: Bankruptcy Law
Expert:  Roger replied 1 year ago.
Hi - my name is XXXXX XXXXX I'm a Bankruptcy litigation attorney. Thanks for using JA! I'll be glad to assist you.

Reaffirmation agreements MUST be entered into BEFORE the bankruptcy is discharged and closed. Thus, you could not do a reaffirmation agreement at this point.

The only way to get this done would be to re-open your bankruptcy and then get the reaffirmation agreements done and approved by the court.
Customer: replied 1 year ago.

what is the likelyhood of that happening? Is this every done? is it common? Is it impossible?

Expert:  Roger replied 1 year ago.
Yes, this does happen and it's possible to do. You don't see it a lot because most reaffirmations are taken care of before the initial discharge/closure.

Also, some courts are reluctant to reopen a case solely to have reaffirmation agreements executed and approved, but it does happen. The reason is that reaffirmations are not required in order for you to maintain the loan, keep paying and keep the property. However, as you said, if there's no reaffirmation, you don't get credit for making the payments on your credit report.

Thus, all you can do is consult an attorney about filing a motion to reopen and ask the court to approve it in order to allow you to reaffirm the debt in order for you to get credit for the payments.
Customer: replied 1 year ago.

ok, a couple of ignorant questions: does it have to be my original attorney who files the motion to reopen? what can I expect to pay the attorney, court costs, etc.? would they ask me a bunch of questions about the case again, or would it be just a little paperwork? no more questions after that. I will log on in the morning and pay you then. thanks a lot for the information.

Expert:  Roger replied 1 year ago.
You can use a different attorney.

The filing fee to reopen is around $300; attorneys fees would likely be that much, more or less. So you're looking at about $600-$1000 to get this done.

You would not have to re-do the entire case. It should just be getting the reaffirmation done, filed and going to court for approval.
Roger, Attorney
Category: Bankruptcy Law
Satisfied Customers: 26389
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by West
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