Expert: Mark J. Markus- California Bankruptcy Attorney - 10/7/2009

Question
I read your response to the person whose atty messed up by not filing the Reaffirmation agreement before the discharge.  I have a similar problem with my house, where the lender agreed to modify my mortgage but, even after all the papers were returned to them on time, the lender didn't file the Reaffirmation agreement before the discharge.  Now they're saying I have to have an atty file a motion to reopen.  I don't want to lose the house nor the modified Note.  What can I do?

Answer
Well, I suppose you could do a motion to reopen to allow the reaffirmation agreement to be filed, but you'd also have to do a motion to void the discharge, and then (hopefully) have it reinstated after, because the reaffirmation by statute must be filed prior to discharge.   I have never heard of a court allowing this, but I suppose it's conceivable.

Probably the better way to go is just have them enter into a new loan agreement now.  It won't be part of the bankruptcy and is essentially the same thing as a reaffirmation agreement.  The bank probably won't do that, because it makes sense.

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