Legal Question in Bankruptcy in Minnesota

Reaffirmation agreement is causing financial hardship

During a year long period of unemployment my personal banker was pretty good to me and helped me through some tough spots. When I filed for bankruptcy(Oct. '98) he told me he would be in big trouble with his bosses if I tried to have the debt discharged. I signed a reaffirmation agreement for the loan but my attorney never did sign it as required. This debt is causing a real financial hardship and I would like to add it to my bankruptcy which was discharged Feb. '99.

By the way,the banker is no longer with that bank.

Thank you


Asked on 10/10/01, 4:27 pm

1 Answer from Attorneys
David Kelly-952-544-6356 Kelly Law Office

Re: Reaffirmation agreement is causing financial hardship

Reaffirmation agreements are not valid without the lawyer's signature. The bank must have had notice of the bankruptcy or they would not have tried for the reaffirmation. It appears that the short answer is the debt is already discharged and you have been paying for nothing since 1998.

You can't take my word for this, however. You better have the whole thing reviewed by a good lawyer soon. There are too many details and possibilites that we can't cover here.

Good luck.

This response is for general information purposes only and does not create an attorney-client relationship.

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Answered on 11/23/01, 11:31 am


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