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,
1 Answer from Attorneys
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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