Legal Question in Bankruptcy in Wisconsin

Ch 7 Bankruptcy Filing Problem

We filed for Chapter 7 Bankruptcy in 2005. It was discharged in October 2005. In April of 2006 we started receiving collection calls from one of the discharged accounts (a lender who held our second mortgage), who claimed we signed a reaffirmation agreement. We clearly stated to our attorney that we did not want to reaffirm any of our debts, and he confirmed that we did not reaffirm any debt. However, we found by researching the court records that a one page document our lawyer had us sign from the lender in question, on which it had stated we were not keeping our home and our lawyer advised was simply stating our disposition of the house, was later attached to a reaffirmation agreement that we never received. So there is a seven page reaffirmation document attached to our case that neither our attorney nor we ever saw. Our attorney did not recognize the one page document as a signature page for a reaffirmation. Our attorney will not get involved to help us resolve this, and we wrote a letter to the court and have received no response. We are very frustrated and do not know what action we should take next.


Asked on 11/19/07, 8:00 pm

1 Answer from Attorneys
Jeffrey Murrell Law Office of Jeffrey L. Murrell

Re: Ch 7 Bankruptcy Filing Problem

Writing a letter to the judge may not be enough - you should file a proper motion requesting the judge reopen the case to examine this issue and make a ruling, accordingly. There might be a court fee to do this - check with the clerk of the bankruptcy court. You can draft and file a simple motion yourself without the aid of an attorney, though I recommend that you retain counsel to represent you (there are just too many benefits to having a lwayer on your side than there is space to fully cover here). You'll need to coordinate a hearing date and time with the judge's calendar clerk, and the creditor who is contacting you will need to be served a copy in accordance with federal rules of procedure.

Read more
Answered on 11/19/07, 8:57 pm


Related Questions & Answers

More Bankruptcy Law questions and answers in Wisconsin