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Reaffirmation aggreement never filed. Discharged & closed.

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    Reaffirmation aggreement never filed. Discharged & closed.

    My chapter 7 was just discharged and closed on 6/26.
    I fillled out the reaffirmation agreement that Ford's attorney sent to
    me but they never filed it before my case was discharged and closed.
    Anyone know what that means?
    Does it matter?
    Can I still get Ford Credit to change the way they are reporting?

    #2
    I'd call up Ford first and see what the deal is, perhaps contact your lawyer if you used one in the bk and check on it.
    May 31st, 2007: Petition Filed by my lawyer
    July 2nd, 2007: 341 Meeting Held
    September 4th, 2007: Discharged and Closed.

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      #3
      Welcome to my world. The exact same thing happened to me but it was my mortgage company that demanded we sign the reaffirmation papers and send it to their attorney for them to file...then they didn't. You can call your local bk court and check with the clerk, that's what I did and they will be able to tell you one way or the other if in fact it was ever filed with the court. If it hasn't been, then there is nothing you can do short of reopening your case which most courts will not do just for a reaffirmation agreement and I was advised not to do so anyway.

      If it didn't get filed Ford will no longer report your "payments" to the cra's, but on the other side of that it seems like alot of people that have reaffirmed are having trouble getting their tradelines to report properly again anyway.

      Do NOT miss a payment. Period. If you think you might have to pay late, the best thing you could do is call them and work something out. This is how our mortgage company explained the situation to me. On the other side of that, if there is no reaffirmation agreement and you can no longer keep up with the payments on your car, you can't be held responsible for the remaining balance owed. Essentially that debt has been discharged in the bk.

      It really ticks me off that they change the laws to make the debtor responsible to either reaffirming or surrendering their property BUT it's the creditors that are not doing their part by filing the paperwork after they demand it done a certain way.
      "Try to save money. Someday it may be valuable again." - Anonymous

      Comment

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