By Jonathan Ginsberg, Atlanta Bankruptcy Attorney on Nov 14, 2009 in Automatic Stay In Bankruptcy, Chapter 7 Bankruptcy, Exemptions In Bankruptcy, Your Bankruptcy Attorney & You | 0 Comments
Much has been written on this blog about “reaffirmation” – the process by which a Chapter 7 debtor formally and in writing agrees to opt out of the protections inherent to a bankruptcy discharge and assume again contractual liability for secured (or unsecured) debts like mortgages and vehicle loans.
You should always speak to your lawyer [...]
By Nicholas Ortiz, Boston Bankruptcy Attorney on Oct 29, 2009 in Chapter 13 Bankruptcy | 0 Comments
Rhode Island Bankruptcy Court gives key support to certain mortgage modifications.
By Wayne Novick Ohio Bankruptcy Lawyer on Oct 5, 2009 in Bankruptcy Practice and Procedure, Benefits of Bankruptcy, Chapter 7 Bankruptcy, General Bankruptcy Information | 0 Comments
Cars and reaffirmations were strange enough but with Household Goods things just get a little bit weirder.
Reaffirmation is the process in a Chapter 7 bankruptcy in which the debtor wishes to keep an item that secures a loan. The debtor agrees to continue to pay for the item and the creditor lets them keep it.
In [...]
By Wayne Novick Ohio Bankruptcy Lawyer on Oct 5, 2009 in Bankruptcy Practice and Procedure, Benefits of Bankruptcy, Chapter 7 Bankruptcy, General Bankruptcy Information | 0 Comments
Reaffirmation is the process in a chapter 7 where the debtor agrees to re obligates themselves on a debt and the lender lets them keep the collateral. The debtor makes the payments and keeps the car etc.
Reaffirmations of cars and things with wheels are treated very differently through the country even through out certain states. [...]
By Wayne Novick Ohio Bankruptcy Lawyer on Sep 24, 2009 in Bankruptcy Myths, Bankruptcy Practice and Procedure, Benefits of Bankruptcy, Chapter 7 Bankruptcy, General Bankruptcy Information | 0 Comments
Reaffirmation is the process used by an individual who has filed bankruptcy to keep their secured assets and continue to pay the secured debt.
Mortgage debt is a complicated area involving reaffirmation. it is important to review this in your state as property and foreclosure law varies from state to state. Here in Ohio it works [...]
By Pam Stewart on Sep 21, 2009 in Discharge of Debt, Featured, Your Bankruptcy Attorney & You | 0 Comments
A tire company sent a reaffirmation agreement to me for one of my clients to sign. A reaffirmation agreement is a new contract to pay an old debt that is included in your bankruptcy filing.
I laughed when I saw who it was from but I laughed even harder when I discovered it was for a [...]
By Wayne Novick Ohio Bankruptcy Lawyer on Sep 18, 2009 in Bankruptcy Practice and Procedure, Chapter 7 Bankruptcy, Debts Not Dischargeable, General Bankruptcy Information | 0 Comments
Reaffirmation is one of those strange part of the old bankruptcy code and the new bankruptcy code. (BAPCA) Over the next few parts I am going to talk about why reaffirmation is bit weird and a little different depending on what state and what district you are in.
Reaffirmation is the resigning of a personal [...]
By Michael G. Doan, San Diego Bankruptcy Attorney on Sep 16, 2009 in Bankruptcy Cases & Legislation, Bankruptcy Practice and Procedure, Chapter 7 Bankruptcy, General Bankruptcy Information | 0 Comments
On September 15, 2009, the Ninth Circuit Court of Appeals issued its ruling in Dumont with a split 2 to 1 decision, holding that “Ride Thru” is no longer an option in the Ninth Circuit as a result of the new Bankruptcy Laws enacted under BAPCPA. In doing so, it overturned its previous Parker decision, [...]
By Cathy Moran, California Bankruptcy Lawyer on Sep 13, 2009 in General Bankruptcy Information | 0 Comments
Debtors whose budget shows they can’t afford to reaffirm the loan on their car may get to keep the car without reaffirmation under a line of decisions by bankruptcy judges.
A number of judges have ruled that “pay and drive” survives bankruptcy reform if the debtor signs a reaffirmation agreement that is denied by the judge [...]
By Kevin Gipson, New Orleans Bankruptcy Attorney on Aug 31, 2009 in Benefits of Bankruptcy | 0 Comments
Whether or not you will be able to keep a house after filing for bankruptcy will depend on several factors.
Are you current on the mortgage?
If you are current on the mortgage you can continue to pay the secured debt in a Chapter 7 bankruptcy while getting rid of your unsecured debt such as credit card [...]