Reaffirmed Mortgage in Bankruptcy: What It Means

Quick Answer: A reaffirmed mortgage in bankruptcy means the debtor agreed to continue paying the loan outside of bankruptcy, but it was still technically included in the Chapter 7 filing. Credit bureaus accurately report these mortgages as “included in bankruptcy” even when reaffirmed, and this notation falls off around the bankruptcy filing anniversary.“Dear Steve,My house …

Read more

Ashley Furniture Repo: When It Helps to Fight Back

Quick Answer: After bankruptcy discharge, Ashley Furniture cannot force payment but may still repossess items if they hold a security interest. The $900 demand from Global Collection may violate discharge protections, and repossession requires expensive legal action since they cannot forcibly enter the home.“Dear Lewis,Filed Bk and discharged in 6/2011. I received a call from …

Read more

Reaffirmed Mortgage After Bankruptcy: Myth vs Reality

Quick Answer: Reaffirming a mortgage during bankruptcy creates personal liability that survives the discharge, meaning lenders can pursue borrowers personally beyond just foreclosure. Pamela should verify with her bankruptcy attorney whether the second mortgage reaffirmation was actually approved and docketed by the judge.“Dear Lewis,My bankruptcy was discharged two years ago. My first mortage was included …

Read more

Bankruptcy and Car Loans: When It Helps, Hurts

Quick Answer: Filing bankruptcy can help with car loans by eliminating other debts, but may temporarily disrupt payment processing as lenders restrict online access. The filer should discuss loan reaffirmation with their bankruptcy attorney to ensure they can keep the vehicle and maintain proper payment arrangements with Toyota Financial.“Dear Steve,I’ve just filed bankruptcy and will …

Read more