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    Reaffirmation problem

    I sent my reaff to chase 4 weeks ago. I called them last week and said they filed it to court but it doesn't show on pacer. I have a two questions for anybody who knows the answer who can help me in my misery.

    Does Chase send the reaff directly to pacer or send to to the BK court and the clerk sends it?

    The more important question. My wife did not file, if there is no reaff entered. The debt will show as discharged, will it show discharged on her credit report too if the reaff papers don't get entered.

    I asked my lawyer and he said..."Good Question."

    #2
    Originally posted by In2deepnow View Post
    I sent my reaff to chase 4 weeks ago. I called them last week and said they filed it to court but it doesn't show on pacer.
    Unless they filed the reaff electronically, it could take a few days after the court receives it for the document to show up on PACER.

    Does Chase send the reaff directly to pacer or send to to the BK court and the clerk sends it?
    If Chase files the reaff electronically, then it will show up on PACER immediately. If they sent a paper copy, it's mailed to the bk court and it shows up on PACER when the court clerk enters it manually.

    The more important question. My wife did not file, if there is no reaff entered. The debt will show as discharged, will it show discharged on her credit report too if the reaff papers don't get entered.
    A couple of questions first.....are you in a community property state? Are both your names on the mortgage?
    I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

    06/01/06 - Filed Ch 13
    06/28/06 - 341 Meeting
    07/18/06 - Confirmation Hearing - not confirmed, 3 objections
    10/05/06 - Hearing to resolve 2 trustee objections
    01/24/07 - Judge dismisses mortgage company objection
    09/27/07 - Confirmed at last!
    06/10/11 - Trustee confirms all payments made
    08/10/11 - DISCHARGED !

    10/02/11 - CASE CLOSED
    Countdown: 60 months paid, 0 months to go

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      #3
      It not a community property state. Illinois. I owe all the debts only thing we have joint is the house. I just don't want her to get affected by this

      Comment


        #4
        [QUOTE=lrprn;386492]
        If Chase files the reaff electronically, then it will show up on PACER immediately. If they sent a paper copy, it's mailed to the bk court and it shows up on PACER when the court clerk enters it manually.

        My auto loan reaffirmation was showed up in Pacer 10 days ago. Should there be any reaffiramtion approval from the Judge on Pacer after that?

        If there should be any approval from the Judge, it can delay discharge/close schedule? Thanks in advance.
        Filed Chapter 7 on Nov 23, 2009
        341 Meeting on Dec 30, 2009
        Discharged on March 11, 2010
        Closed on April 12, 2010

        Comment


          #5
          Be nice. Don't hijack the thread

          Comment


            #6
            If you file a reaffirmation agreement and your attorney signed it and it indicates that there is no hardship, the reaffirmation is automatically "approved" upon filing!
            Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
            Status: (Auto) Discharged and Closed! 5/10
            Visit My BKForum Blog: justbroke's Blog

            Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

            Comment


              #7
              Originally posted by justbroke View Post
              If you file a reaffirmation agreement and your attorney signed it and it indicates that there is no hardship, the reaffirmation is automatically "approved" upon filing!
              It's helpful for me to understand. I have been in a similar situation to wait an approval of reaffirmation for my auto loan.

              Thanks always, Justbroke!

              Comment


                #8
                I have this problem with chase too. can anybody help? what will happen if the reaffirmation is not filed? I called chase and said they were scanned and sent. but nothing on pacer. My mom is on the mortgage. I don't want to cause her anymore troubles. I do not want it to show on her credit that it's discharged.

                Comment


                  #9
                  Originally posted by sadjenny View Post
                  I have this problem with chase too. can anybody help? what will happen if the reaffirmation is not filed? I called chase and said they were scanned and sent. but nothing on pacer. My mom is on the mortgage. I don't want to cause her anymore troubles. I do not want it to show on her credit that it's discharged.
                  A couple of things. If Chase doesn't really care, then you can do a ride-through. That would mean that if Chase doesn't file the reaffirmation agreement, and doesn't complain about it, they'll let you continue living there while continuing payments. So long as you're on-time, they won't seek to foreclose. You won't owe anything and can walk at anytime. This is the best of both worlds.

                  I have recently seen my Judge approve the re-opening of a Chapter 7 case in order for a reaffirmation agreement to be filed (since they need to be done before discharge). I've never seen that before, but apparently, Ford insisted on a reaffirmation or repossession, but Ford filed it too late and the Clerk immediately rejected it (post discharge). So, the poor debtor had to petition the Court to re-open the case (since it autoclosed as well) so that Ford could refile the reaffirmation.
                  Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
                  Status: (Auto) Discharged and Closed! 5/10
                  Visit My BKForum Blog: justbroke's Blog

                  Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

                  Comment


                    #10
                    if only I am the only one in the mortgage it's the best of both worlds. But i don;'t want it to show on my mom's credit report that it's discharged and will have a bad effect on her credit. She can't afford that since her job requires a good credit

                    Comment


                      #11
                      Originally posted by sadjenny View Post
                      if only I am the only one in the mortgage it's the best of both worlds. But i don;'t want it to show on my mom's credit report that it's discharged and will have a bad effect on her credit. She can't afford that since her job requires a good credit
                      Your BK doesn't effect your Mom as co-signor, as long as the pymt is and stays current. If you don't reaffirm then they should NOT report any pymts to your credit but should still report to Mom's credit since she is still liable for the entire mtg, just as she was before your filing.

                      If I were you, I wouldn't reaffirm the mtg; no benefit. Also no detriment to Mom if you don't reaffirm either. Just keep pymts on time and life goes on. n fact it is best of all worlds in another sense, since Mom has not defaulted, assuming she hasn't and doesn't, then lender couldn't accelerate the mtg (foreclose) at any time in the future either.

                      Comment

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