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Should I reaffirm accounts?

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juana75
New Member

Should I reaffirm accounts?

Dec 2008, I filed chapter 13. My car was repoed for being 30 days late Honda finance. I filed chapter 13 to get my car back. At that time I had 5 credit cards that were paid on time. However the attorney included all accounts in the bankruptcy. I have been in ch 13 now 18 months. I have no credit cards, my student loans are not in repayment, and I am trying to get a home mortgage(fha) but my cr scores are too low. TU 580,EX 560 and EQ 552. I was thinking if I reaffirmed my accounts my score would go up. I owe Aspire $850, First Premier $333, Chase $1091, Credit one bank $638, and Macy's $133. My only other option is to apply for a secure card or just wait until my ch 13 discharge in 18 months.

6/15/10 TU580 goal 630 by 12/15/10
EX560
EQ552
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Anonymous
Not applicable

Re: Should I reaffirm accounts?

First things first, your attorney had no choice but to include all of the credit card debt.  Not including a debt in your Chapter 13 filing is known as showing "preference" to one of your creditors and it is illegal and can cause serious problems in a bankruptcy case.

 

As far as reaffirming your secured debts tied to property you did not surrender in the bankruptcy, this isn't usually a matter of choice.  Some states require reaffirmation agreements and some do not.  If yours does, then you reaffirm or run the risk of losing your car/house/whatever.  In a Chapter 13, reaffirmation agreements usually are not required as your Chapter 13 plan and Schedule J should show the creditor that you can afford to and intend to keep the property (which is ultimately the purpose of a reaffirmation agreement - that and to protect the creditor in the event of default). 

 

I do not know that you scores would increase as a result of reaffirmation.  Unless the creditor stopped reporting when you filed your Chapter 13, it shouldn't change anything.

 

Using credit at all during the life of a Chapter 13 is generally not a great idea, but if you are going to it will almost certainly need to be using a secured credit card.  Getting a mortgage is damn near impossible while in a Chapter 13, so I wouldn't hold out much hope of that happening until your discharge and you start rebuilding.

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juana75
New Member

Re: Should I reaffirm accounts?

Thank you

6/15/10 TU580 goal 630 by 12/15/10
EX560
EQ552
Message 3 of 3
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