What is my obligation to a creditor if I signed an affirmation agreement but they never filed it with court or met with judge?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

What is my obligation to a creditor if I signed an affirmation agreement but they never filed it with court or met with judge?

I filed for bankruptcy (Chapter 7) last year and it was discharged. One of my creditors asked me to sign a reaffirmation agreement and I did sign their agreement through their office but it was never filed by my attorney or the creditor. It was also not the reaffirmation papers issued by the court system, it was an agreement they had typed up. The creditor never went to the meeting of the creditors and never filed anything with my attorney or court. I signed it before the bankruptcy was discharged. It is my understanding from the bankruptcy clerk in MN that it was discharged as it was listed as a debt and was unsecured and that I am not responsible for the debt. They are asking me for the money that was owed to them, am I responsible for that debt now, likeI said it was never filed or given to my lawyer or approved by the judge.

Asked on July 27, 2012 under Bankruptcy Law, Minnesota

Answers:

Terence Fenelon / Law Offices of Terence Fenelon

Answered 11 years ago | Contributor

A reaffirmation agreement must be filed with the Court and determined to be in your best interests.  If no agreement was filed, nor a court hearing conducted , to approve nor dissaprove of the agreement, it is my opinion that you have no legal responsiblitity to repay.  Nor does the creditor have a duty to honor future debts. 

Since your post did not include the nature of the debt, I can not go much further.

 


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption