Question Re-Opening Bankrupcty

[EJ2]

I filed for Chapter 7 in January and the discharge was complete on April 28, 2010. However, I received a notice from my mortgage company that since I did not re-affirm the dept they could come take the house. The problem is I did re-affirm the house and the car. The mortgage company said they did not receive the re-affirm letter in time. They stated they received 5 days late, which they didn't because I sent when my attorney sent me informaiton to sign. My question is can my bankruptcy be re-opened or amended to re-affirm my mortgage? When I complete my information with my attorney we only wanted to re-affirm the car and the house and I'm very suspicious of how the bank would say they didn't receive paper work in time. If I can amend, how much would it cost for Georgia?

[HHM]

The thing is, to officially reaffirm, you need to file the reaffirmation with the court. If that never happened, then you did not reaffirm. Also, both sides need to sign the reaffirmation. What it sounds like probably happened is that you and your attorney received the paperwork from the bank, signed it, sent it to the bank for them to sign it, and they didn't (or are claiming this, "we received it late" excuse).

Honestly, it may be a blessing, it is usually a bad idea to reaffirm. If you are upside down in your home or if the payment is more than 25% of your gross annual income, you should get out of the house anyway.

Unfortunately, the statute is pretty clear on this, the 524(c)(1), the agreement must be made before discharge.

What you do from here, really just depends on what actually happened with your attempted reaffirmation. But, you may be out of luck.

[EJ2]

Re-Open

We reaffirmed with the court and it was just odd that the bank said they didnt receive paper work we sent back. My house is not upside down and my intent is to keep my house. Im not behind in payments and have continuously asked if the bank can send me copies of the re-affirmation and they refuse.

[HHM]

If you have an order of reaffirmation from the court, and you are not otherwise in default on the mortgage, then you have a defense if they actually initiate foreclosure.

The important thing is that you have a signed order from the BK judge approving the reaffirmation, if you have that, you should be fine. It doesn't matter if the bank didn't receive a copy of the order.

[EJ2]

Thanks

Thanks for the quick response. I checked the order and it states the only thing that was re-affirmed was the car. After speaking to my attorney he stated the reason why the house wasn't re-affirmed was due to the bank not accepting the re-affirmation that was sent back in a timely manner. He stated he will try to get bankruptcy re-open for 30 days for only the reaffirmation of the house. Also, the bank said if I can get case open for 30 days then they can accept reaffirmation because its already on file.

[EJ2]

Can a Discharge Be Re-Open

My central question is can a discharge be re-opened?

[ohiogal]

Geez. What is it with banks these days? You want to keep the house, you have the means to keep the house, but they want to come take your house because you were five lousy days late (supposedly)? Do they really need houses THAT bad? You'd think that they'd cut you some slack, since you want to keep giving them your money. I guess they don't need a paying mortgage holder. They'd rather have an empty house.