Trenton, MI asked in Bankruptcy for Michigan

Q: Once I sign a reaffirmation agreement, how long does it take the attorney to file it in court?

I signed reaffirmation agreements for my car and a credit card and I would just like to know how long does it take to be filed and received by the court. I know when you file bankruptcy that it is received by the courts pretty quickly so I was wondering if it worked the same way with reaffirmation agreements. Thank you.

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2 Lawyer Answers
W. J. Winterstein Jr.
PREMIUM
Answered

A: Every Reaff Agreement is exactly that, a mutual agreement between a debtor and the creditor, all subject to approval by the Court.

Authorized signatures of both parties is of course required.

Once aa mutually subscribed Reaff Agreement, with Motion and Affidavit is in hand, it's both easy and quick to file the same with the Court. If there is a delay, it may be that your specific circumstances require your lawyer to complete legal research of recent appliable case decisions prior to filing, so as to ensure that the procedure is done correctly.

It's always smart to confer with experienced counsel authorized to practice in your jurisdiction, and that's especially true if you as a client have questions.

Timothy Denison agrees with this answer

A: Generally the Reaffirmation Agreements are filed by the Creditor, so its up to them to get it filed. Also I hope the Credit Card was linked to the car loan through a credit union. The Courts rarely allow reaffirmations on credit cards.

Timothy Denison agrees with this answer

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