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Reaffirmation Necessary?

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    #16
    So if you just file chapter 7, with intent to stay and keep paying while we look for work in other states, then what happens if we cannot sell or end up walking? If the BK is already discharged then there is no way to roll it all into one, right? (sorry if this is dumb to ask. just when I think I get it, my brain turns to mush---going on no sleep for days as I am sure you have all done)
    Tried debt settlmnt, stopped paying all cards 5/09/--filed bk no asset ch7 in 11/2010---DISCHARGED 2/2011!!! Still waiting to see how much more Bank of America and Fannie Mae can ruin us

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      #17
      Originally posted by Pasofino View Post
      Are you saying to put the "surrender choice" for your home that is current on payments?
      And the car?
      Never indicate you intend to surrender the asset unless you really intend to do so. If you are claiming that payment on your schedules the trustee may disallow your claim.

      The best strategy is to claim you intend to reaffirm but you never actually reaffirm.
      Well, I did. Every one of 'em. Mostly I remember the last one. The wild finish. A guy standing on a station platform in the rain with a comical look in his face because his insides have been kicked out. -Rick

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        #18
        Originally posted by keepswimming View Post
        So if you just file chapter 7, with intent to stay and keep paying while we look for work in other states, then what happens if we cannot sell or end up walking? If the BK is already discharged then there is no way to roll it all into one, right? (sorry if this is dumb to ask. just when I think I get it, my brain turns to mush---going on no sleep for days as I am sure you have all done)
        I'm not sure what you mean by roll it all into one. If you mean avoid personal liability...your BK discharge will cover this provided you didn't reaffirm secured debts. Whether it's a non-reaffirmed car or house (commonly referred to as "ride through" or "pay and stay"), you're not obligated to sell. Once payments cease, your lender will repossess or follow the foreclosure process dictated by state law.
        *Filed: September 23, 2009 *341: November 4, 2009 *Discharged: January 4, 2010 *Closed: January 20, 2010

        Hakuna Matata...it means NO WORRIES!

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