Q: We had a reaffirmation for our car loan that our attorney failed to file with the courts. Can it be re opened and signed
Attorney said not possible to reopen bankruptcy and due to the balance of loan it’s not in our best interest. We are only a year into this 5 year loan and plan to pay it off. I have been told by the lender we can file motion with courts to re open and set aside the release so a reaffirmation can be signed and filed. Is this true? Who is to pay these court fees to get this done? I feel it should be attorney he was the one who was responsible and this decision to keep our house and car was the plan from the very beginning. He was very much aware of this yet he decided without our consent to kit file reaffirmation with the court. Help! I do want credit for making my car payment on time every month for next 5 years.
A: Yes. It can be reopened and filed. Whether it is in your best interests is another issue. You will probably have to pay the reopening fee to get it filed. I doubt the attorney will pay it although you can always ask.
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