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Showing posts from May, 2017
Recently I moderated a program for bankruptcy attorneys which dealt with this scenario:
a Chapter 7 bankruptcy is filed. My clients, the debtors, have one or more mortgages on their home. All fine and good so far. We have a discussion about whether to "reaffirm" any debts. When you reaffirm a debt it means that you continue to be personally liable on the debt, despite your bankruptcy discharge. Of course, a bankruptcy discharge of your debts is why you filed in the first place, right?  Sometimes the clients reaffirm an automobile loan. We talk about whether they should reaffirm any of the mortgage debts. I advise them not to reaffirm  the mortgages. The bankruptcy closes and the clients receive their discharge.

A year later the former clients contact me, frustrated because they have attempted to refinance one or more of their mortgages for a lower interest rate. Their mortgage broker has contacted the existing lender, say Wells Fargo or Bank of America, and the banks tell th…