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Reaff'd first, then job loss?

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    Reaff'd first, then job loss?

    This might just be wishful thinking, but, is there any way to rescind a reaff after discharge/closed?

    I am slightly angry that our lawyer still filed that reaff even after we had asked them not to, because we knew the lay-off might happen. Short of it is, the reaff was filed, and the lay-off has happened. Haven't made a payment yet in 2010, but would rather have IIB on my report than a BK and a foreclosure, kwim?

    #2
    This is exactly why I am not signing one unless they threaten to derail our whole case.
    Attorney Retained/Paid: 1-4-10
    Online CCC-Completed & Cert Received: 1-8-10
    Filed Chapter 7 1-18-10.
    341 3-10-10 ~~~ Last Day to Object: 5-10-10

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      #3
      Originally posted by Over our heads View Post
      This might just be wishful thinking, but, is there any way to rescind a reaff after discharge/closed?
      You can rescind it for 60 days after filing it or at discharge, whichever is later.

      If it has been longer than 60 days after filing it, then you are out of luck.
      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


        #4
        I searched your old posts and see you were discharged on 12/19/09

        So unfortunately the reaffirmation is solid at this point.

        Perhaps check Pacer. Maybe by some miracle it was never filed with the courts??

        I wish you the best.
        8-07-09-filed Chapter 7
        11-18-09-DISCHARGED!!

        Life is not what challenges you face, but how you face those challenges.

        Comment


          #5
          Originally posted by NoMoreCards View Post
          Perhaps check Pacer. Maybe by some miracle it was never filed with the courts??
          Or if it was filed after discharge!
          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


            #6
            Originally posted by justbroke View Post
            Or if it was filed after discharge!
            Good Point! I missed that miracle possibility.
            8-07-09-filed Chapter 7
            11-18-09-DISCHARGED!!

            Life is not what challenges you face, but how you face those challenges.

            Comment


              #7
              That is exactly why we did not even try to reaffirm our house. Good luck to you.

              Comment

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