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digging out proof of discharged debts


rodeomom
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I need all the big guns to help me dig for the PROOF IN WRITING.

1st & 2nd mort. were included in BK, no reaffirmation agreements signed, although they were requested, none were rec. before discharge.

will likely be loosing the house, I have accepted that. But trying to figure out how long I can stay here.

attorney (not my BK attorney, she can no longer represent me due to divorce) is telling me that since I have made voluntary pmts that may contstitue a reaffirmation agreement. I want to blow him out of the water, in a polite way. I can do this as he is my brother!! LOL!! He is currently researching the issue.

you can darn well bet I will give credit where credit is due - CIC!!

its another chance for us to shine. I welcome any assistance you all have to give:lol:

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Well, I wouldn't worry about trying to prove it to him. Just hit him with a stick. ;)

You & I both reside in states covered by the 10th Circuit (Fed Court of Appeals) - the "ride-thru" being backed up by their decision (see Lowry Federal Credit Union v. West, 882 F.2d 1543, 1546-1547 (10th Cir. 1989).)

The fact that you did not sign a reaff for either mortgage means that both have been converted to "non-recourse" loans - they may foreclose, but not pursue you for any deficiency balance that may arise. This protection appears to have gone away for post Oct. 17 filers.

You'll find lots of material regarding this sprinkled about the internet. Here's one:

http://www.usdoj.gov/ust/eo/public_affairs/articles/docs/reaff-01.htm

and another:

http://www.abanet.org/buslaw/blt/8-1debt.html

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Well, that's interesting. I seem to remember reading @ abi and elsewhere that the ride thru provision was dead with the new legislation, although I do remember seeing somewhere that it was going to be challenged. Hadn't really kept up with the new stuff...

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I think the bk code and the FTC are pretty clear that you not only must sign a reaffirmation but, it must be properly filed by the bk court.

http://www.ftc.gov/opa/1999/05/federated.htm

Reaffirmation agreements are not illegal, according to the FTC. However, the U.S. Bankruptcy Code requires that such agreements be filed with the bankruptcy courts, and in the case of debtors not represented by legal counsel, reaffirmation agreements must be approved by the court. If not filed or approved, the agreements are unenforceable, and the underlying debts are legally discharged in bankruptcy.

http://www.ftc.gov/opa/1998/08/gecapi.htm

http://www.ftc.gov/opa/1997/06/sears.htm

In numerous instances, the FTC alleged, Sears falsely represented that these "reaffirmation agreements" would be filed with the bankruptcy courts, as required by law, and that the consumers would be legally obligated to pay. In fact, the FTC charged, in many cases Sears did not file the agreements or the bankruptcy courts did not approve them. As a result, the agreements were not binding.

Just curious-have your lenders made any effort to continue to collect?

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