A debtor does indeed have the right to cancel or rescind a debt reaffirmation (an agreement to not include a particular debt for discharge as part of a bankruptcy filing) at any time prior to the entry of a discharge, or within 60 days after the reaffirmation agreement is filed with the Bankruptcy Court, whichever occurs later.
Bankruptcy Questions
Answers to Frequently Asked Bankruptcy Questions
Must I Disclose a Loan Account I Have with a Co-Signer if I File Bankruptcy?
Under the Bankruptcy Code, a debtor is required to list ALL assets and ALL debts on the petitions and schedules that must be completed and filed with the Bankruptcy Court. In doing so, the documents require the disclosure of all co-signed obligations and debts as well.
Must I File with the Court All of the Required Bankruptcy Forms at the Same Time?
It is highly recommended that a person file all of the Bankruptcy documents that are required to be submitted at the same time, one time. But that recommendation is not a legal requirement.
If I File Bankruptcy, Does That Stop a Foreclosure?
A filing for Chapter 7 or Chapter 13 Bankruptcy will stop all debt-related legal proceedings against a person. But only temporarily.
Does Standard Legal’s Bankruptcy Title Offer Electronic Filing?
Electronic filing is not an option that Standard Legal can offer, but not because of any shortfall in capability. In nearly every jurisdiction, the electronic filing system for Bankruptcy is limited to use by attorneys and high-volume creditors. Simply put, the Bankruptcy Courts’ electronic filing system is not available to individual pro se filers in … Read more
How Does a Filer Know Which Debts Have Been Discharged by the Bankruptcy Court?
A person lists all of the debts that he or she wishes to have discharged in a Bankruptcy filing. Unless a debt is non-dischargeable by law or a creditor objects to the discharge, then all of the listed debts in the filing are discharged once the bankruptcy court agrees.
In a Bankruptcy Filing, Must I List Property Contained in a Trust for Which I Am a Future Beneficiary?
In a Chapter 7 or Chapter 13 Bankruptcy filing, the Court wants to know about a person’s complete financial circumstance — including any property or financial interests to which a person may not hold current title, but may gain access to as a beneficiary at a future date.
Is a Non-Government Family “Student Loan” Dischargeable in Bankruptcy?
In nearly every instance, a government-backed student loan is not dischargeable in a bankruptcy proceeding, by law. But what about a clearly-designated student loan that was provided by a family member, a private party, a trust, or even a non-government backed loan provided by a bank?
Can Unpaid HOA Dues Be Included in a Bankruptcy Filing?
Yes, upaid HOA (homeowner’s association) dues can generally be included for discharge consideration in a bankruptcy petition. But the result of such an inclusion of the homeowner’s association fees depends upon the circumstances of the filer, the amount of money due to the HOA, and the debtor’s intent for the real estate property.
Does Standard Legal Offer Chapter 7 Forms for Corporate Bankruptcy?
Standard Legal offers only personal bankruptcy legal forms software. And with good reason…