Can I reopen my bankruptcy case to reaffirm my mortgage without the using an attorney?

UPDATED: Mar 21, 2012

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Can I reopen my bankruptcy case to reaffirm my mortgage without the using an attorney?

After becoming disabled, I filed for Chapter 7 bankruptcy protection about 2 1/2 years ago; it was discharged 2 years ago. I did not reaffirm my mortgage at my attorney’s insistence. I now would like to refinance but am not able to since the debt was not reaffirmed. I have spoken with my bank and the only option is to reaffirm the debt. I have equity and now a steady income through SSDI. My current loan is at 6% and an equity line that is variable. Money is tight and a refinance would reduce my monthly outlay and consolidate both debts into 1 lower payment that will not change. Thank You

Asked on March 21, 2012 under Bankruptcy Law, Washington


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If you filed for Chapter 7 bankruptcy protection between two and three years ago and you received a discharge of your debts per a court order, but you did not reaffirm your mortgage then existing at the time, you can try and re-open your bankruptcy but the chances of you being able to re-affirm it seems somewhat of a challenge for the simple fact that under the bankruptcy laws, once one gets a discharge as a debtor, one cannot re-file for another seven years.

However, you should consult with your prior bankruptcy attorney to see what can be done to re-open your prior bankruptcy where you received a discharge. There may be some reasons that can be brought up to the court to allow you to do so that are not set forth in your question.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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