Discharge Mortgage Question

[mlopez60120]

I filed for BK, chapter 7, 2 years ago . My mortgage was to be included into the bankruptcy. As far as I can tell the property is in BK because I checked my credit report and it does the property as not reporting payment and in IBK. However I been looking over my BK papers and I see paper that says Debtor statement of intention and it states retain the property and to reaffirm the debt. its not signed or anything like that.

My discharge letter does not state that I am reaffirming any debt.

I need to know do discharge letter state what I reaffirm? How can I make sure ?

I am not sure its a mistake or the form in my lawyer pack is just a form. never the less I want to know is there a way to be 100% if the property is included in the BK chapter 7?

[justbroke]

The only way that you could have reaffirmed the debt, is to have actually signed a Reaffirmation Agreement, your attorney countersigned it, and then it was sent to the creditor. The creditor would have then "filed" it with your bankruptcy. This reaffirmation would exclude that debt from discharge.

From what you write, you only have "reaffirm" checked on your Statement of Intentions. That is not a reaffirmation. That is not enforceable. Only a reaffirmation agreement which you entered into prior to discharge, is enforceable.

Please ask your attorney to double check that you have not signed a reaffirmation agreement. To me, it reads as though you did not, so that debt is discharged.

(FYI, it is a well-known strategy that upon filing a debtor "intends" to reaffirm. This keeps the payment for that debt as an expense and allows the debtor to "pass" the means test. However, the intention really means nothing.)

[bcohen]

As justbroke said, your Statement of Intentions is just that--a statement of what you plan to do at the time when you filed. Of course, those intentions can change, and are not legally binding. There is no such thing as an "accidental reaffirmation" so your mortgage is discharged. If you no longer want the house, you can quit paying and let the bank foreclose.