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Search Results for "reaffirmation"

Who Decides About Reaffirming a Mortgage? »

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 [...]

Rhode Island Court Endorses Hybrid Plans »

Rhode Island Bankruptcy Court gives key support to certain mortgage modifications.

Computers, Rings, TV, Furniture Reaffirmations Part Four »

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 [...]

Reaffirmations Part Three Cars, Trucks, Things With Wheels »

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. [...]

Reaffirmations in Bankruptcy – Part TWO »

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 [...]

Be Careful Which Debts You Reaffirm »

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 [...]

Pros and Cons of Reaffirmation in Bankruptcy Part 1 »

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 [...]

Ninth Circuit Eliminates “Ride Thru” »

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, [...]

Keep your car through bankruptcy without risk »

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 [...]

Will I Lose My House If I File Bankruptcy? »

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 [...]