Legal Question in Bankruptcy in West Virginia
Statement from Creditor
If you reaffirmed on a debt and they stopped sending statements and the lawyer wrote them thru the court to start sending statements and they dont do I have to pay them?
1 Answer from Attorneys
Re: Statement from Creditor
A Reaffirmation Agreement is a new promise to pay a prepetition debt. It is binding as to its terms which may include or incorporate an agreement to send coupons. The real consideration is whether or not you wish to keep the collateral (it would be very unusual to reaffirm an unsecured debt). If you wish to keep the collateral, then you should contact the creditor and see what is up with them. There is no reason why a debtor couldn'tjust send in the payment according to the the reaffirmation without coupons. You should discuss this with your lawyer to straighten it out and avoid forefeiture.
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