Bankruptcy Law

Bankruptcy law questions? Ask a bankruptcy lawyer.

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

This is a Chapter 7 case. The Debtor signed a reaffirmation…

This is a Chapter 7...
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
Show More
Show Less
Ask Your Own Bankruptcy Law Question
Answered in 6 minutes by:
8/23/2017
Terry L.
Terry L., Attorney
Category: Bankruptcy Law
Satisfied Customers: 2,958
Experience: Better Business Bureau. 18yrs bankruptcy experience. Chicago Bar Assoc. American Bankruptcy Institute member.
Verified

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.

Ask Your Own Bankruptcy Law Question
Customer reply replied 10 months 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.
Terry L., Attorney
Category: Bankruptcy Law
Satisfied Customers: 2,958
Experience: Better Business Bureau. 18yrs bankruptcy experience. Chicago Bar Assoc. American Bankruptcy Institute member.
Verified
Terry L. and 87 other Bankruptcy Law Specialists are ready to help you
Ask your own question now
Customer reply replied 10 months ago
got it thanks

Cool! good luck

Ask Your Own Bankruptcy Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a bankruptcy lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Terry L. Your Own Question
Terry L.
Terry L.
Terry L., Attorney
Category: Bankruptcy Law
Satisfied Customers: 2,958
2,958 Satisfied Customers
Experience: Better Business Bureau. 18yrs bankruptcy experience. Chicago Bar Assoc. American Bankruptcy Institute member.

Terry L. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Terry L.

Terry L.

Attorney

2,958 satisfied customers

Better Business Bureau. 18yrs bankruptcy experience. Chicago Bar Assoc. American Bankruptcy Institute member.

cortrightlaw

cortrightlaw

Attorney

513 satisfied customers

Attorney practicing Bankruptcy Law including Chapter 7, Chapter 11, Chapter 12, and Chapter 13.

JoeLawyer

JoeLawyer

Attorney

376 satisfied customers

Attorney in the practice of Bankruptcy Law since 1996

A.J.

A.J.

Attorney

262 satisfied customers

Experienced consumer bankruptcy attorney.

Fritz

Fritz

Attorney

209 satisfied customers

Florida attorney with extensive experience in Chapter 7 and Chapter 13 consumer bankruptcy cases

Law Girl

Law Girl

Attorney

153 satisfied customers

I am an attorney.

Paul K, Esq.

Paul K, Esq.

Attorney

141 satisfied customers

10 years Exp., Great customer service, Prompt responses.

< Previous | Next >

Related Bankruptcy Law Questions
BANKRUPTCY: Debtor filed Chapter 7 in 2016 and received a
BANKRUPTCY: Debtor filed Chapter 7 in 2016 and received a Discharge. At that time, they did not include a vehicle that they co-signed. The primary borrower has stopped making payments. Is the Debtor (… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
19,890 satisfied customers
In 2008 I owned 2 rental home that was included in chapter 7
In 2008 I owned 2 rental home that was included in chapter 7 bankruptcy. One was reclaimed with no deficiency judgement. The other sat, caught up with the Country mortgage debacle and was never forecl… read more
Mark Anderson
Mark Anderson
Attorney
Doctoral Degree
10 satisfied customers
What is a a Chapter 7 bankruptcy and what does a 55 year old
What is a a Chapter 7 bankruptcy and what does a 55 year old person have to do to file one ?… read more
Dylatess
Dylatess
JD
1,534 satisfied customers
I had creditors meetings for chapter 7 april 19 So It should
I had creditors meetings for chapter 7 april 19 So It should be resolved 2 months later. When can I safely cash out of my 401k. many thansk … read more
Mark Anderson
Mark Anderson
Attorney
Doctoral Degree
10 satisfied customers
Filed chapter 7 in 9-2016. My house (no mortgage) sold a tax
Filed chapter 7 in 9-2016. My house (no mortgage) sold a tax auction sale in 5-2017 for 2013, 2014, 2015 and 2016 property tax debt. … read more
Mark Anderson
Mark Anderson
Attorney
Doctoral Degree
10 satisfied customers
My home was discharged in 2009 in chapter 7. Was never
My home was discharged in 2009 in chapter 7. Was never reaffirmed. Went through medical issues in 2015 and fell behind. Tried doing modification yet bank refused f5 times all different reasons. Now ho… read more
Mark Anderson
Mark Anderson
Attorney
Doctoral Degree
10 satisfied customers
I need to reopen a chapter 7 and add a judgment that was
I need to reopen a chapter 7 and add a judgment that was missed in 2009 … read more
Mark Anderson
Mark Anderson
Attorney
Doctoral Degree
10 satisfied customers
Time limit on Reaffirming Car in CH 7. Work with bank to
Time limit on Reaffirming Car in CH 7.Work with bank to reaffirm car. Meeting on 5.18 and still working with bank. When would be the time limit on when I would need the reaffirm in by?… read more
Terry L.
Terry L.
Attorney
2,958 satisfied customers
BANKRUPTCY: Debtor filed Chapter 7 bankruptcy and included
BANKRUPTCY: Debtor filed Chapter 7 bankruptcy and included Garnished wages as their assets in SCH A/B, and claimed as exempt in SCH C. The funds were garnished within 3 months of filing.Is there a for… read more
Terry L.
Terry L.
Attorney
2,958 satisfied customers
I converted chapter 13 bankruptcy to chapter 7. will the
I converted chapter 13 bankruptcy to chapter 7. will the bankruptcy stay on my credit report for ANOTHER 10 years? … read more
Mark Anderson
Mark Anderson
Attorney
Doctoral Degree
10 satisfied customers
In form Form 106A/ for Chapter 7. In any of the sections
In form Form 106A/B for Chapter 7.In any of the sections when they ask you : 1.) Current value of the entire property? 2.) Current value of the portion you own?What do I put for part 2?Example : Singl… read more
Mark Anderson
Mark Anderson
Attorney
Doctoral Degree
10 satisfied customers
In a chapter 7 bankruptcy if there is both a discharged tax
In a chapter 7 bankruptcy if there is both a discharged tax liability and a current tax liability and assets that the trustee will sell. Which tax liability will the proceeds from the sale go to first… read more
Terry L.
Terry L.
Attorney
2,958 satisfied customers
Another question? If a person filed chapter 7 bankruptcy and
Ok another question?If a person filed chapter 7 bankruptcy and remAins paying on vehicle through discharge on bankruptcy, if at some point I stop paying will they repo the vehicle. I know it's not on … read more
Ray
Ray
Lawyer
Doctoral Degree
33,059 satisfied customers
This is a chapter 7 question...the Debtor currently has a
This is a chapter 7 question...the Debtor currently has a garnishment that will be extinguished by the chapter 7 discharge...Does that garnishment still go on Schedule I? How would it be treated on th… read more
Terry L.
Terry L.
Attorney
2,958 satisfied customers
If a husband files Chapter 7 bankruptcy, can the husband
If a husband files Chapter 7 bankruptcy, can the husband borrow money from the wife, after the 341 hearing but before the chapter 7 is discharged? … read more
Phillips Esq.
Phillips Esq.
Attorney
JD
19,890 satisfied customers
I want to rescind a reaffirmation agreement for a leased
I want to rescind a reaffirmation agreement for a leased car, a car i am up to date on payments, i plan to keep the car, but want to leave the option open to give the car back since it was covered in … read more
Phillips Esq.
Phillips Esq.
Attorney
JD
19,890 satisfied customers
Regarding my chapter 7 ProSe on the Reaffirmation $2000
Regarding my chapter 7 ProSe on the Reaffirmation $2000 behind on payments, $6000 equity in car Obviously, we don't want to be Repo'd with all that equity.My husband went to the reaff hearing today an… read more
Terry L.
Terry L.
Attorney
2,958 satisfied customers
Regarding my chapter 7 Reaffirmation hearing tomorrow,
Regarding my chapter 7 Reaffirmation hearing tomorrow, husband is going without me. $2000 behind on payments, 6000 equity in car. When I try to talk to the people at "ascension capital" who do Cap1's … read more
Phillips Esq.
Phillips Esq.
Attorney
JD
19,890 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x