Re-affirmation Question?

[Scooter10]

How do i prove that something was not reaffirmed?

I am attempting to obtain a loan, however the lender IS questiong the discharge of a debt because on my schedules of intention i marked "debt will be reaffirmed", however no reaffirmation took place so the debt is discahrged.

Any ideas on how to prove it is not reaffirmed?

Thank you!!

[sh9730]

Your credit reports should be reporting this debt as "Included in Bankruptcy".

[justbroke]

The simplest way is to use PACER to access your case and see if there are any Reaffirmation Agreements filed. If you don't have a PACER account, perhaps you can ask your attorney if you reaffirmed the debt. I would kindly explain to your new lender that a Statement of Intentions is NOT a reaffirmation agreement. It's just an "intention" and that you and the prior lender never executed such a reaffirmation.

[Scooter10]

The simplest way is to use PACER to access your case and see if there are any Reaffirmation Agreements filed. If you don't have a PACER account, perhaps you can ask your attorney if you reaffirmed the debt. I would kindly explain to your new lender that a Statement of Intentions is NOT a reaffirmation agreement. It's just an "intention" and that you and the prior lender never executed such a reaffirmation.

Thank justbroke! As always your posts are helpful.
I do have a PACER account. In addition the attorney has written a letter stating that I did not reaffirm the debt, and pacer support this. We have explained the execution part to the lender, but they are specifically look for something from the courts that this debt was not reaffirmed. I am unaware of a document like this, I will try again to deliver the message to the lender that such a thing does not exist. Thank you again for you help!

[justbroke]

There is no such document. I had a similar "discussion" with a lender before, regarding the discharge of an item! I asked them to review it with their counsel to understand how discharge works and how there's no document showing "what" is discharged.

Since you indicate that the new lender actually checked PACER, please have them re-check PACER to see if there is a Reaffirmation Agreement in the Docket. The fact that there isn't one on the docket, means that there isn't one. Otherwise ALL debts are discharged. (Something I had to explain over 2 phone calls to one of my creditors.)

[Scooter10]

There is no such document. I had a similar "discussion" with a lender before, regarding the discharge of an item! I asked them to review it with their counsel to understand how discharge works and how there's no document showing "what" is discharged.

Since you indicate that the new lender actually checked PACER, please have them re-check PACER to see if there is a Reaffirmation Agreement in the Docket. The fact that there isn't one on the docket, means that there isn't one. Otherwise ALL debts are discharged. (Something I had to explain over 2 phone calls to one of my creditors.)

Thanks!