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you want to reaffirm but attorney wont sign

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    you want to reaffirm but attorney wont sign

    Anyone have an attorney say they wont sign to reaffirm anything? What do you do if they say no? I ask because if I convert to a 7 I may reaffirm my reserve line on my joint checking (never wanted to not pay them back and I like US Bank). The payment is only $100 a month.

    #2
    You have an attorney that is looking out for your best interest. Thank him for that.

    Nothing in the bk code prevents you from voluntarily repaying any creditor post bk. Go ahead and pay them if you like but, if you can't continue the payments you have no liability for the remaining balance.

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      #3
      Agreed. As soon as you file your reserve line is going to closed (if it isn't already). Why would you want to sign to be legally responsible to pay it back after your BK?
      If you want to pay no one is stopping you, but to want to be legally bound to pay doesn't make much sense.
      Filed CH13 - 06/2009
      Confirmed - 01/2010

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        #4
        Thanks for your answers. I was just asking. I like to get as much information as I can so I better understand what is going on. I know in a community state they can't do anything to my wife because everything is in the BK. So any discharge I get covers her on the joint account.

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          #5
          My attorney doesn't sign reaffirmation agreements as a matter of policy, but they handled the paperwork for me (i.e., received and forwarded the reaffirmation agreement, and filed it for me).

          Her explanation was that signing an agreement could make them culpable in case I couldn't repay (i.e., they had given me bad advice suggesting I could pay it), and that they don't recommend reaffirmation unless it's absolutely necessary.

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