topic Re: Reaffirmation Question? in Bankruptcy

Reaffirmation Question?

west2500 — Sat, 11 Sep 2010 23:57:40 GMT

I am filing Ch 7, but will reaffirm auto loan and worked out modification with mortgage co before filing. How will these continued payments on my mortgage and auto loan be reported to the bureau. I've heard some say it will be reported as IIB. If not will these accounts help get me reestablished.

Re: Reaffirmation Question?

chasmith — Sun, 12 Sep 2010 12:40:07 GMT

I think the reporting may depend on the lender.

Most auto lenders definitely mark loans IIB and stop reporting if you do a drive through and don't reaffirm. I've seen people on these boards saying they reaffirmed and still don't get the reporting they deserve.

My lawyer was definitely opposed to reaffirming. His advice was that unless the lender truly renegotiated (gave something in return for the debtor giving the lender a very significant right to be paid that survives BK) one shouldn't reaffirm, which makes me wonder whether you could get a clause about reporting written into the reaffirmation agreement.

Re: Reaffirmation Question?

ScoreBooster — Sun, 12 Sep 2010 17:40:06 GMT

@chasmith wrote:
which makes me wonder whether you could get a clause about reporting written into the reaffirmation agreement.

That's exactly what I'm planning. My attorney is going to put in a clause, stating that they continue reporting as before and that no derogatory information my be reported as long as the loan is paid on time. If they agree on that, they might not even be allowed to report "IIB" since this notation actually is derogatory by itself.