Legal Question in Bankruptcy in California

Reaffirmation offers during bankruptcy

We are in the middle of a bankruptcy and several of our creditors are sending letters and calling us in an attempt to get us into a reaffirmation of debt agreement. First of all, is it legal for debtors to contact us during BK. Secondly, if we decide not to enter into an agreement, will the debt still be discharged at the end of the BK. The letters also say that if we do not agree to reaffirm. they will have no choice but to take the property. On a side note, we do not have an attorney representing us.


Asked on 3/06/02, 8:44 pm

1 Answer from Attorneys
Victor Hobbs Victor E. Hobbs

Re: Reaffirmation offers during bankruptcy

If you represent yourself the creditors may call you as your own attorney. If the creditor has a loan secured by collateral you must either return the property and discharge the debt or reaffirm. My suspicion has always been that on most small items if you said come, and get the items the creditor wouldn't bother. There is a schedule and usually the BK Trustee requires you to sign another form indicating that you've surrendered the personal property securing the debt, or that you've reaffirmed the debt. Most creditors will reaffirm at the properties true value and not what is still owed. Then small monthly payments are arraigned. Their might be a requirement to have a court hearing before the BK judge to approve the reaffirmation.

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Answered on 3/06/02, 11:34 pm


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