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AV Preeminent Peer Rated Attorneys
Monticello Residents, consider several factors when selecting a lawyer ... Learn More
AV Preeminent Peer Rated Attorneys
Monticello Residents, consider several factors when selecting a lawyer including their experience, expertise, and reputation. AV Rated Attorneys represent a distinguished group of lawyers who have received top ratings from their peers for their exceptional ethical standards and an A grade (4.5 or higher).
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Commonly Asked Bankruptcy Questions From Users Near You

This information is not legal advice and is not guaranteed to be correct, complete or up-to-date. It is provided for general informational purposes only. If you need legal advice you should consult a licensed attorney in your area.

Who is supposed to file the reaffirmation with the courts?

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Answered by attorney Kenneth Love (Unclaimed Profile)
Bankruptcy lawyer at Love and Dillenbeck Law
This one is tricky. Case law says that the responsibility to file the reaffirmation is on the bank but they are not required to enter into the reaffirmation agreement so not sure there is much you can do with them. As for the reaffirmation itself, unless your bank gave you a great deal by modifying the mortgage, it would have most likely been denied. No bankruptcy judge in NC will approve a reaffirmation of a mortgage unless the mortgage company gives a benefit to the debtor. So what do you do? Request a payment history from your mortgage company once a year. When you do that make copies and file a complaint with each of the three credit bureaus, indicating that you are still making the payments and attach a copy of the payment history. After an investigation, they will be forced to report the payments as you requested.
This one is tricky. Case law says that the responsibility to file the reaffirmation is on the bank but they are not required to enter into the reaffirmation agreement so not sure there is much you can do with them. As for the reaffirmation itself, unless your bank gave you a great deal by modifying the mortgage, it would have most likely been denied. No bankruptcy judge in NC will approve a reaffirmation of a mortgage unless the mortgage company gives a benefit to the debtor. So what do you do? Request a payment history from your mortgage company once a year. When you do that make copies and file a complaint with each of the three credit bureaus, indicating that you are still making the payments and attach a copy of the payment history. After an investigation, they will be forced to report the payments as you requested.
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Can I file for bankruptcy after our divorce? How?

Richard B. Jacobson
Answered by attorney Richard B. Jacobson (Unclaimed Profile)
Bankruptcy lawyer at Richard B. Jacobson Associates, LLC
If you got a discharge under Chapter 7, you can file under Chapter 13 after four years (from filing date to filing date). Again, after a discharge in one Chapter 7, you must wait eight years before you can file again under Ch. 7 and get a discharge. Your having been divorced in the meantime makes no difference.
If you got a discharge under Chapter 7, you can file under Chapter 13 after four years (from filing date to filing date). Again, after a discharge in one Chapter 7, you must wait eight years before you can file again under Ch. 7 and get a discharge. Your having been divorced in the meantime makes no difference.
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I filed bankruptcy in 2006 since then I have so far in debt I was unemployed for 15 months can I file again?

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Answered by attorney Dorothy G. Bunce (Unclaimed Profile)
Bankruptcy lawyer at A Fresh Start
You won't be eligible to file another bankruptcy under Chapter 7 until at least 8 years have passed. If you are unemployed, a Chapter 13 may not be an appropriate choice for you right now either, as you would need to commit to making payments for at least 3 years. A consultation with a local bankruptcy attorney could put things into perspective for you and I would encourage you to take this step as you sound overwhelmed right now.
You won't be eligible to file another bankruptcy under Chapter 7 until at least 8 years have passed. If you are unemployed, a Chapter 13 may not be an appropriate choice for you right now either, as you would need to commit to making payments for at least 3 years. A consultation with a local bankruptcy attorney could put things into perspective for you and I would encourage you to take this step as you sound overwhelmed right now.
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