Can I reopen my bankruptcy case to reaffirm my mortgage without the using an attorney?

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Can I reopen my bankruptcy case to reaffirm my mortgage without the using an attorney?

After becoming disabled, I filed for Chapter 7 bankruptcy protection about 2 1/2 years ago; it was discharged 2 years ago. I did not reaffirm my mortgage at my attorney’s insistence. I now would like to refinance but am not able to since the debt was not reaffirmed. I have spoken with my bank and the only option is to reaffirm the debt. I have equity and now a steady income through SSDI. My current loan is at 6% and an equity line that is variable. Money is tight and a refinance would reduce my monthly outlay and consolidate both debts into 1 lower payment that will not change. Thank You

Asked on March 21, 2012 under Bankruptcy Law, Washington

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you filed for Chapter 7 bankruptcy protection between two and three years ago and you received a discharge of your debts per a court order, but you did not reaffirm your mortgage then existing at the time, you can try and re-open your bankruptcy but the chances of you being able to re-affirm it seems somewhat of a challenge for the simple fact that under the bankruptcy laws, once one gets a discharge as a debtor, one cannot re-file for another seven years.

However, you should consult with your prior bankruptcy attorney to see what can be done to re-open your prior bankruptcy where you received a discharge. There may be some reasons that can be brought up to the court to allow you to do so that are not set forth in your question.


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