What to do if 8 years ago I received a personal loan from a bank and used it to purchase a mobile home but later declared bankruptcy?

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What to do if 8 years ago I received a personal loan from a bank and used it to purchase a mobile home but later declared bankruptcy?

I filed a bankruptcy 7 years ago but did not reaffirm the loan. However I agreed to make monthly payments on the balance owed. The bank has charged late fees and financial charges on a loan that was included in bankruptcy. Is this legal? About 3 years ago, there was damage to the mobile home and the insurance carrier refused to pay. The bank has added insurance to a bankrupt loan and state that I have to pay it. I was under the impression that I was paying the balance owed at the time of bankruptcy.

Asked on May 18, 2013 under Bankruptcy Law, Louisiana

Answers:

Monique Okoye / Vulcan Legal Group

Answered 8 years ago | Contributor

I want to help, but your question is confusing. The loan that you described is unsecured. If that is the case then it shouldn't have been tied to your mobile home anyway. If you used the mobile home as collateral on the loan, then agreeing to repay the debt is essentially reaffirmation. In that case, the bank has the right to collect and require you to maintain insurance on the property, or buy it themselves and charge you for it if you don't. Depending on the language in the document you used to "agree to make monthly payments" then you may be liable for charges and late fees. You should contact the attorney that filed your bankruptcy and ask them if you agreed to reaffirmation or not.

Good luck


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