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Terry L.
Terry L., Attorney
Category: Bankruptcy Law
Satisfied Customers: 2901
Experience:  Better Business Bureau. 18yrs bankruptcy experience. Chicago Bar Assoc. American Bankruptcy Institute member.
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This is a Chapter 7 case. The Debtor signed a reaffirmation

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This is a Chapter 7 case. The Debtor signed a reaffirmation agreement less than 60 days ago and now wants to rescind it...the case is about to close, discharge was ordered but case is open for administrative purposes it appears. Can a motion be filed to keep the case open to rescind the agreement...If so, would it be called, "Motion to delay case closure?" Thank you in advance for your assistance

Hi there. If the debtor entered into the reaffirmation agreement less than 60 days ago, you can file a simple notice of rescission of reaffirmation agreement with the court. Send to the creditor as directed in the reaffirmation (sometimes a different address). You don't have to do anything else since the case is still open. you don't need to file a motion as you mentioned.

Customer: replied 1 month ago.
Thanks...If the case somehow closes before the notice of rescission is filed would a motion to reopen the case have to be filed in order to filed the rescission notice...thanks again

i don't think so, as long as you are within the 60 days, and I'm not even sure the notice of rescission technically has to be filed, but it at least puts it on the record. I would file it anyways, to show the rescission was timely.

Terry L. and 2 other Bankruptcy Law Specialists are ready to help you
Customer: replied 1 month ago.
got it thanks

Cool! good luck