Legal Question in Bankruptcy in New York

Liability after bankruptcy, no reaffirmation filed

My husband and I filed bankruptcy 3 yrs. ago. We kept our car and our mobile home and continued to pay. The bankrutcy doc. has reaffiremd checked, but we never filed reaffirmation papers. Are we responsible for the mobile home at this point, and if they reposess will we be responsible for the remaining balance owed. It has negative equity. Thank you.


Asked on 2/23/04, 11:26 am

1 Answer from Attorneys
Eric Kochel The Law Office of Eric David Kochel, Esq., P.C.

Re: Liability after bankruptcy, no reaffirmation filed

According to bankruptcy case law in New Yorks 2nd Circuit, if you did not re-affirm these debts, then you still must remain regular on your paynments or the lender may reposess the mobile home. However, since you did not re-affirm, you are not responsible for the remaining unsecured balance.

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Answered on 2/24/04, 12:49 pm


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