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Can I set the terms of a Reaffirmation?

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    #16
    Originally posted by CCCrazy View Post
    I didn't know a judge could deny a reaffirmation. Why would a judge do that if you can pay your mortgages? It's my mortgages that made it possible for me to file chpt. 7. I plan to stay in my home. What I would really like to know is the answer to my origianl question. Will a bank negotiate on the terms of a first or second mortgage if it is not reaffirmed in a BK?
    Do you have a negative number for disposable income.
    Chapter 7 07/30/2008
    341 09/17/2008
    Discharge 11/21/2008

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      #17
      I'm not sure how that worked out - my lawyer did my means test. I think I still have some disposable income. OK, so let's say a judge denies a reaffirmation - I can still continue to pay it and stay in my home, yes? A judge can't make someone become homeless.
      Filed C7: 03/09/09
      341: 04/30/09
      Discharged 6/30/09!!!

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        #18
        Believe me - that CAN and they DO deny reaffirmations.
        Chapter 7 filed 10/21/2008
        341 - 11/26 went smooth NO ASSET
        Took 115 days after 341 - But Finally DISCHARGED 3/25/09

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          #19
          you might consider getting an appraisal on your home. if the appraised value is equal to or less than your first mortgage amount, have your attorney get the second mortgage reclassified as unsecured.

          then it gets discharged.

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