Creditors and Bankruptcy/reaffirmation agreement


My bankruptcy was discharged 4 years ago, I did not know about reaffirmations(I know I should have researched it) but my lawyer didn't file it.(other than him being mad at me I don't know why because now I see that was his job) I find this out when I try to refinance my mortgage. My house is worth at least 40 to 60 thousand more than I owe, so no I don't want to walk away from it. I need to know - I want to reaffirm the mortgage so that I can refinance at a much lower rate, do I need a lawyer, because i am having a hard time getting the forms? can I file the forms myself, or do I need to go before a judge? maybe there is a government agency that helps? Do I own ,so to say, the mortgage?
Any info from you would be appreciated, maybe point me in the right direction?   thank you T

Hello Theresa:
It is not so simple as having a reaffirmation form and filing it now.   Reaffirmations have to be done at the time of the bankruptcy -  it is too late now to do it that way.  However, don't be too discouraged about that.   Depending on the values of the property at the time, what the lawyer did may have just been the best thing to do in terms of protecting your assets.

This is an issue that is much easier to explain on the telephone than typing it all out.    Also, Your question does not have all the facts so that neither I, nor anyone else, could give you a fair answer based solely on what you have written.

You have options here that you may not have considered - but I don't think that reaffirmation at this point is one of them.

You are welcome to call me anytime you like at this number.    915  261-3893     I will not charge you just to talk on the phone.

Jack Hall    J.D.
Bankruptcy Services
915  261-3893

Creditors and Bankruptcy

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Can answer questions about bankruptcy, lawsuits or judgments that have been filed against you. Also can answer questions about tax issues, property that is facing foreclosure, repossession of vehicles, and wage garnishments. 915 261-3893


Over 30 years experience assisting consumers with lawsuits and bankruptcy matters since graduating from law school.

Numerous published appellate court opinions; Law review publications; Article on consumer bankruptcy in Black Enterprise magazine; was requested to author a book on consumer bankruptcy by Doubleday Publishers

Over twenty years of education including law degree (J.D.); masters and bachelors degrees in political science; author of magazine articles related to consumer bankruptcy; hundreds of hours of continuing education legal education and seminars

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Have had well over a thousand bankruptcy clients during the past 30 years and have had many clients in civil lawsuits during the same time period

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