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Ask WALLSTREETESQ Your Own Question
Category: Bankruptcy Law
Satisfied Customers: 17223
Experience:  14 years exp., CH 7 AND 13 Bankruptcy cases, AFL-CIO UNION PLUS, UFT NYSID AND ALL MAJOR UNIONS
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My husband & I filed individual Chapter 7 Bks, that have now

Customer Question

My husband & I filed individual Chapter 7 Bks, that have now been discharged for over 4 yrs each, state of FL. The bk atty who handled our cases failed to complete the Reaffirmation Agreement for our 1st mtg lender on our primary residence as requested. We want to refi our mortgage and have confirmed in order to proceed under conventional /lowest rate programs, the reaffirmation must be completed. I understand that in order to do this, we would have to open up our closed/discharge cases and complete the necessary forms and fees. My question is: can any of the discharged creditors use this as an opportunity to come after us for already discharged debts? Please advise, thanks.
Submitted: 2 years ago.
Category: Bankruptcy Law
Expert:  WALLSTREETESQ replied 2 years ago.
This is a common situation, your other creditors, will have no legal right to come after you, when you file the motion to reopen, it would only be to include a reaffirmation agreement, it would not vacate the discharge given to you.
Expert:  WALLSTREETESQ replied 2 years ago.
If the agreement was actually signed, and just not filed, it is an easy motion, and should not take much time, Federal Rule of Bankruptcy Procedure 4008(a) provides “The court may, at any time and in its discretion, enlarge the time to file a reaffirmation agreement.”
Expert:  WALLSTREETESQ replied 2 years ago.
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