Legal Question in Bankruptcy in California

How to cancel a reaffirmation of a debt?

I was divorced from my husband because of domstic violence, and he is presently in jail because of it. he received the house, and everyhting else, as his family had the money to fight me in court. I filed bankruptcy to get away from thre debts that we both had and that he and his mother won't pay. I was contacted by the company that we borrowed money from to pay for the filter on our pump at the house he now owns. I am very frightened of him, and the woman from the company also intimidated me... Both our names are on this loan... I signed one agreement to reaffirm credit with them, and found out I didn't have to-I have already been to my bankruptcy hearing, and they approached me afterwards. (the case was dismissed) My question is this: I received a notice of hearing on the reaffirmation-I never finished the paperwork, and I don't want to reaffirm the debt... Let him pay for it! What do I do??? Suzy


Asked on 3/15/01, 11:22 pm

1 Answer from Attorneys
Mark Markus Law Office of Mark J. Markus

Re: How to cancel a reaffirmation of a debt?

I'm unclear on which paperwork you didn't finish. in any event, if your case was dismissed, I doubt the reaffirmation agreement is binding. If you were not represented by an attorney, and you never went to the reaffirmation hearing, then it is not binding. If you were reprsented by an attorney and the reaffirmation agreement was filed with the court, then you just need to give written notice of rescission of the agreement to the creditor.

Read more
Answered on 5/24/01, 8:51 pm


Related Questions & Answers

More Bankruptcy Law questions and answers in California