Notice of Appearance filed

[DebtHater]

While my 341 is set for next week, I was checking PACER and found a "Notice of Appearance and Demand for Service of Papers" filed from the legal council of my mortgage company.

My intentions as described in the petition is to reaffirm the mortgage. Would a letter such as this mean that they are going to fight the reaffirmation or is this just necessary legal correspondence and should not be of any concern to me.

[MSbklawyer]

While my 341 is set for next week, I was checking PACER and found a "Notice of Appearance and Demand for Service of Papers" filed from the legal council of my mortgage company.

My intentions as described in the petition is to reaffirm the mortgage. Would a letter such as this mean that they are going to fight the reaffirmation or is this just necessary legal correspondence and should not be of any concern to me.

A Notice of Appearance and Demand for Service simply means that someone is appearing as a party in your bk and requesting copies of all papers filed. It doesn't necessarily mean that your mortgagee is going to fight anything.

Incidentally, creditors don't have to fight reaffirmation agreements. They simply refuse to agree. By definition, reaffirmation agreements require the agreement of all parties.

[DebtHater]

Thanks for your explanation and reply. I'm hoping they won't refuse to the reaffirmation as I am current with the payments.

Being that they are "appearing" as a party in the BK should I plan on them being present at the 341?

[MSbklawyer]

Thanks for your explanation and reply. I'm hoping they won't refuse to the reaffirmation as I am current with the payments.

Being that they are "appearing" as a party in the BK should I plan on them being present at the 341?

[DebtHater]

Thanks again for answering my questions.

[NanaOf11]

Wachovia refused to reaffirm with us & we were/are current.

[QUOTE=MSbklawyer;365238]Rarely do creditors refuse a reaffirmation offers -- especially mortgages -- especially in this real-estate market.


Wachovia refused to reaffirm with us & we were/are current. Told our attorney to "TRY" after we close!

They did not show at our 341.

[Bell30656]

Don't worry about Notice of Appearance filings. They are just people that want a copy of any/all paperwork filed in your case. Some creditors just do this in case your bankruptcy is dismissed they want to know it so they can begin harassing you again.