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  1. #1

    Default Can You Be Sued for a Debt After Bankruptcy if You Didn't Sign Reaffirmation

    My question involves bankruptcy in the state of: Texas. Can I legally be sued after discharge if reaffirmation was not signed, but initial intention was to reaffirm?

  2. #2
    Join Date
    Sep 2010
    Posts
    478

    Default Re: Reaffirmation Not Signed, Statment of Intention Says 'Reaffirmed', Can I Be Sued

    Indirectly asked and answered in one of your prior threads:

    Re: Must You Amend Your Statment of Intention if You Change Your Mind About Reaffirm. . . "A statement of intention, is just that. . . a statement of what you intend to do, not what you are absolutely going to do."
    So, based upon the above, it is clear that unless you actually reaffirm, the obligation will be subject to the discharge (unless some 523 action is filed) and the creditor’s only recourse is to take back its property if it has collateral - ergo, you will not be sued for money.

    Des.

  3. #3

    Default Re: Reaffirmation Not Signed, Statment of Intention Says 'Reaffirmed', Can I Be Sued

    And what exactly do you mean by 523 action?

  4. #4
    Join Date
    Sep 2010
    Posts
    478

    Default Re: Reaffirmation Not Signed, Statment of Intention Says 'Reaffirmed', Can I Be Sued

    Look it up. 11 USC 523

    Des.

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