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

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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 8 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.

 


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