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  1. #1
    Join Date
    Jan 2013
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    1

    Default Reaffirmation Not Submitted During Bankruptcy

    My question involves bankruptcy in the state of: Reaffirmation not submitted during Bankruptcy


    I filed BK about a year ago and recently found out that my lawyer did not submit a reaffirmation for my home and car loans as requested. At the time, I was unaware of what the reaffirmation was and assumed since I informed my lawyer that I wanted to keep both of my car and home (and loans) and continue to make monthly payments as I've always had, that neither would be impacted by the bankruptcy.

    I've reached out to both lenders and was advised that my lawyer would need to submit the reaffirmation (if able) in order for my payments to report on my credit report. Is my lawyer even able to submit the reaffirmation at this point? Or can the lender just submit something on their end to the credit bureaus? If my lawyer is unable to submit the reaffirmation, where does this leave me? How am I able to rebuild my credit if it shows a mortgage and car loan balance both being swiped away in a bankruptcy (and no recent payment history)? Should I even continue to pay the mortgage and just walk away from the home/car since I am no longer associated to the loans and get something else? Isn't it like I am simply renting from these folks and any home improvements I've done and am doing will no longer benefit me in any way?

    My whole goal in filing for Bankruptcy was to get a fresh and clean start. As mentioned before, I had every intentions to continue making monthly payments as I've always done with confidence that my monthly payments would help boost my scores quickly (obviously in addition to other things). Now I've been making monthly on-time payments for over a year and am not getting credit for it.

    What are your suggestions? Please help as I am not sure which direction to take that would be best for my situation.

  2. #2
    Join Date
    Sep 2005
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    Behind a Desk
    Posts
    98,846

    Default Re: Reaffirmation Not Submitted During Bankruptcy

    Reaffirmation must normally be filed before discharge. You can talk to your lawyer about the possibility of trying to bring a motion to reopen your case.

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