Legal Question in Bankruptcy in Kentucky

Reaffirmation of a debt after chapter 7 bankruptcy

Is there such a thing as reaffirmation of a debt after bankruptcy has been filed? I was always under the impression that if you started making payments on a debt after filing bankruptcy on that debt, you were automatically responsible for it again.

This question is concerning tenants and back rents owing.

Thank you,


Asked on 1/01/02, 10:49 pm

1 Answer from Attorneys

E. Brian Davis Davis Law Office

Re: Reaffirmation of a debt after chapter 7 bankruptcy

Debts can be reaffirmed following the filing of a Chapter

7 bankruptcy, but the reaffirmation agreement must be in

writing and meet certain other requirements set forth in the

bankruptcy code. In addition, the debtor has a significant period

of time within which he or she can rescind the agreement.

The mere making of payments following a bankruptcy filing

does not constitute a reaffirmation -- the payments are voluntary,

in essence, a gift.

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Answered on 1/02/02, 12:10 am


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