You are here:

Bankruptcy Law/bankruptcy & loan motification

Advertisement


Question
we had our bankruptcy finalized in January (2008) it was a chap 13. We signed reaffirmation letters for both vechicles and 1 2nd mortgage. The main mortgage holder didn't send one. I am trying to get a loan modification now and they said they need to reopen case and have a reaffirmation letter signed before they will even go on. Is this a good idea for us or should I try and get money some other way to pay our 1 late payment.

Answer
It sounds like you did Chapter 7.  There are no reaffirmations in Chapter 13.  Reaffirmations, in Chapter 7 must be filed by the end of the case.  You could pay the fees to reopen the old case to submit it, but the creditor would need to sign off on it and the court would need to approve it, which is unlikely, since it is passed the deadline.  You should try to just work out the payments, then perhaps refinance the property later.

Bankruptcy Law

All Answers


Answers by Expert:


Ask Experts

Volunteer


Terry Leeders

Expertise

Handles Chapter 7 and Chapter 13 bankruptcy cases.
10 years of extensive bankruptcy experience. Filed over 3000 cases
Chicago Bankruptcy Lawyer website
"One On One Personal Service You Deserve"

Experience

I have been practicing bankruptcy law for 10 years. I have helped over 3000 consumer bankruptcy clients in that time.

Organizations
Chicago Bar Association Illinois Bar Association

Publications
author of Chicago Bankruptcy Blog
Chicago Chapter 13 Bankruptcy Blog
Illinois Bankruptcy Law Blog
Fresh Start Partners

Education/Credentials
University of Illinois Thomas M. Cooley Law School
Chicago Bankruptcy Lawyer website

©2012 About.com, a part of The New York Times Company. All rights reserved.