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Reaffirming a debt in BK

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Anonymous
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Reaffirming a debt in BK

If this reaffirmation was not approved by a BK judge, is the debtor liable even though they reaffirmed with the creditor?  On BK papers, it is just checked in the box that we want to reaffirm, but I have no paperwork signed by judge or lawyer saying they approved the reaffirmation. 
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Anonymous
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Re: Reaffirming a debt in BK

If you did a 7 and marked that you wanted to reaffirm a debt, then generally at your 341 meeting with the Trustee, a representative from the creditor will appear with a reaffirmation agreement for you to sign.  It states the terms of the debt.  You sign it.  They file it with the court.  You, or your lawyer, gets a copy, usually at a little later date.  If you can prove you can pay for the item, the court usually signs off on it.  A copy goes in your court file.  Sometimes they wait until the court date for discharge, but not often.

 

At least thats the way its SUPPOSED to work when everybody is on their game.

 

Now, if you've had the item for a long time after the discharge (even without a signed agreement ) and have been using and enjoying it and they have been taking your money, you are presumed to have reaffirmed and a lot of judges will smack you silly if you go in and argue that they can't do "x, y or z" because you didn't reaffirm the debt.

 

REMEMBER, THIS IS NOT LEGAL ADVICE.

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