Legal Question in Bankruptcy in California

Did we really reaffirm?

Five minutes after our bankruptcy court appearance, a representitive from one of our creditors took us outside to sign reaffirmation papers. We did not have an attorney. The paper was filed in court. We never went to a seperate hearing and discussed it with a judge. If there was a hearing, we were not present for it. If there was a hearing, how can we find out what the ruling was? The creditor gave us a copy of the reaffirmation agreement, it is not signed by a judge or an attorney. They also filed a proof of claim. We also continued to pay on our mortgage for two years with no reaffirmation agreement, only a verbal agreement. We have since surrendered the house.


Asked on 12/11/97, 2:36 pm

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

Reaffirmation Agreements

If you were not represented by counsel, the creditor would have had to file the reaffirmation agreement with the court and obtain a hearing, at which you would need to appear, before your discharge was entered, in order to approve the reaffirmation agreement. You did not indicate when or if the discharge was entered or other relevant information, so I cannot be more accurate at this time. No reaffirmation was probably necessary on the house if you were current on the date of filing of the BK.

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Answered on 12/11/97, 3:36 pm


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