Legal Question in Bankruptcy in California

When you file a Chapter 7 bankruptcy, when do you send the reaffirmation agreement to the mortgage company? I want to keep my house even though I am still at a loss. Do you also have to do a reaffirmation agreement if you owe on a computer (dell company) or anything from Best Buy (tv/dvd) that took place 3 years ago. Please advise. Thank you.


Asked on 8/23/09, 1:30 pm

1 Answer from Attorneys

Larry L. Doan Law Office of Larry L. Doan

Since you're in San Bernardino County, you're in the Central District of California Bankruptcy Court and in this district, the reaffirmation and motion for approval have to be filed with the court within 60 days after the creditors meeting if you're not represented by an attorney. You have to serve the creditor with notice of the hearing. As far as reaffirming on a Dell computer or a Best Buy item, that's only if they hold security liens on the item due to your financing of the purchases with them. But, reaffirmation is always optional for the debtor, you don't have to do it, and the creditors continue to have their rights over the items under the original agreements with you.

Read more
Answered on 8/24/09, 1:07 am


Related Questions & Answers

More Bankruptcy Law questions and answers in California