How to re-affirm a mortgage several yearsafter bankruptcy?

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How to re-affirm a mortgage several yearsafter bankruptcy?

I didn’t reaffirm my home mortgage when I filed for bankruptcy 7 yeas ago. What can I do to get it reaffirmed now so the mortgage company will start sending my payments status to the credit bureaus?

Asked on October 20, 2011 under Bankruptcy Law, Iowa

Answers:

Mark J. Markus / Mark J. Markus, Law Offices of

Answered 10 years ago | Contributor

You can't.  A reaffirmation agreement must be filed with the court prior to entry of the discharge in your case.  Once the discharge is granted, there can be no reaffirmation of the debt.  The only hypothetical way to do it would be to file a motion to reopen your case to revoke your discharge, then file a reaffirmation agreement, have a court hearing on that, then file another motion to reinstate your discharge.  It's unlikely a judge would even allow any of that, but you're talking about at least $5,000 or so in attorneys fees to attempt it.

 

Mark J. Markus, Attorney at Law

Handling exclusively bankruptcy law cases in California since 1991.

http://www.bklaw.com/

bankruptcy blog: http://bklaw.com/bankruptcy-blog/

Follow Me on Twitter:  @bklawr

Mark J. Markus / Mark J. Markus, Law Offices of

Answered 10 years ago | Contributor

You can't.  A reaffirmation agreement must be filed with the court prior to entry of the discharge in your case.  Once the discharge is granted, there can be no reaffirmation of the debt.  The only hypothetical way to do it would be to file a motion to reopen your case to revoke your discharge, then file a reaffirmation agreement, have a court hearing on that, then file another motion to reinstate your discharge.  It's unlikely a judge would even allow any of that, but you're talking about at least $5,000 or so in attorneys fees to attempt it.

 

Mark J. Markus, Attorney at Law

Handling exclusively bankruptcy law cases in California since 1991.

http://www.bklaw.com/

bankruptcy blog: http://bklaw.com/bankruptcy-blog/

Follow Me on Twitter:  @bklawr


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