Lawyer question

[Nowayout09]

Filed Chapter 7 on March4. Just checking pacer and it says,: FLags: REAFFIRM DUE,, and then under documents it says Order due by 4/22 by my attorney. I called him 6 days ago, and he says he has to file the reaffirmation papers for my house. But according to pacer, he has not. Should I call him back ? Is this something to worry about? We signed to reaffirm on March 16,, but the court is saying that my lawyer needs to file the paper work.. I guess thats what it means.. i am no good at this legal stuff. I am worried,, can someone tell me what this means or what I should do to make my lawyer file thee papers?? Will I loose my house??

[StartingOver08]

Well, if the reaffirmation is not filed by the date -you did not reaffirm officially. That is good news or bad news - some people really appreaciated that their attorney's never actually filed the reaff with the court so that they could walk away later.

How do you feel about your house?
Do you have negative equity in your house? If so, how much and is it recoverable in a reasonable time period.

You need to get in touch with your attorney soon to make sure you both are on the same page with this reaffirmation.

[Nowayout09]

We want to keep our house, that is why we filed bankruptcy. Does this mean that we cant keep our house if he doesnt file the paperwork? i told him several times that we want to keep the house. We have a no asset case, and we already had our 341 meeting. As long as we make payments, can we still keep the house? Or does the mortgage company have to say that we have to reaffirm??

[StartingOver08]

If the house payments are current and you do not have a reaffirmation agreement, you are doing what is called a 'pay through' - you can keep the house as long as the payments are current, but you did not reaffirm the debt.

If you want the debt reaffirmed, that reaffirmation agreement has to be signed by all the parties (lender, debtor, attorney) and filed with the court. The attorney may not want to sign the reaffirmation agreement at all - so he might want to bring it in front of a judge. This is a question you have to ask your attorney.