Legal Question in Bankruptcy in North Carolina

I filed for chapter 7 over a year ago. I was told I had to include my home. I was also told that in North Carolina the home can not be reinstated. I have been current on all my paments but am not getting any credit on my report for them. What can I do since I plan on staying in the home.


Asked on 5/17/11, 10:49 am

2 Answer from Attorneys

Thomas Zimmerman Zimmerman Law Office

Reinstated is not a bankruptcy word. Reaffirmation in bankruptcy is a new promise to pay the existing debt that is secured by your home or car or other property. If you did not reaffirm, then the ability of the creditor to pursue a deficiency is impaired or eliminated following discharge. On the other hand, if you reaffirm and remain current the creditor cannot foreclose on the house merely because you filed and failed to reaffirm. Since the automatic stay prevents collection activities (in the absence of reaffirmation) you will have to send in your payments without receiving notice or give them written permission to send notices of payments. If you have equity and want to confirm and settle the matter with the creditor, you could re-open for the purpose of reaffirmation. I do not think 1 year is too long for the judge to deny re-opening. You would have to show good cause, but he should do it. You should discuss the details and probable results of any action you take with your bankruptcy lawyer.

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Answered on 5/17/11, 11:40 am


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