Question: What is the quickest and easiest way to get documentation that the mortgage is reaffirmed? My mortgage was in a Chapter 7 and discharged 3 years ago. I never stopped making payments while in the BK. I am looking to refinance into a much lower rate but the new lender wants documentation the mortgage is reaffirmed. Everything else has been signed off by the underwriter but this.


Your mortgage lender is asking for something that probably does not exist. Section 524 of the Bankruptcy Code allows for a loan to be reaffirmed, but, it is rare that a Bankruptcy Court will approve a reaffirmation agreement for a mortgage loan. The balance is so large that it is seldom in your best interest to reaffirm a mortgage loan debt.

The discharge that you received made it so that if you failed to pay the mortgage payments, then the lender could not come against you personally for any amounts owed that were not recovered from the sale of the property.

You need to contact the attorney who represented you in the bankruptcy case to confirm that no reaffirmation was granted on this debt.

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Question: Is it legal to be charged money because of a missed appointment?
I recently missed a doctors appointment and was told I would be charged $25 for the missed appointment. Is that legal?

There is nothing that says you have to agree to pay that fee. Saying that, if you do not pay the fee there is nothing to keep the Doctor from refusing to see you for a future appointment.

I do not think it is fair to be charged the fee if the Doctor was already running behind or they were able to see an emergency appointment that they might not have been able to see if you had not missed the appointment.

All professionals, Doctors, Lawyers, Accountants who are good work on a tight schedule. The amount of rent or payroll to be paid would not be reduced by the missed appointment. Pay the bill and make sure that you do not miss your next appointment. When you see the doctor, if the $25.00 fee is a true hardship, mention this to him and the Doctor may cancel the charge

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Is it illegal to occupy a house that is in Probate?
My mother has died and my brothers are saying that I must move out of the house owned by my Mother. The house is completely paid off and I want to stay in the house. Is it legal to stay in the house while it is going through Probate?


It is not illegal to occupy a house of a South Carolina decedent if the heirs approve. However, the Personal Representative has the right to administer the property and make sure the property is properly maintained. The Personal Representative may be willing to work out a rental agreement with you.

Because you lived in the house before the death of your mother does not give you the right to live in the house after the death of your mother. You may own a portion of the house as an heir of your mother, but, your bothers may also own a portion of the house.

You need to meet with an attorney at once to determine your rights. It may be that the house was left to you in a will executed by your Mother. The correct answer will be determined by whether your mother left a will, if you and your brothers are the only heirs, whether your mother actually owned the entire property or only a portion of the property.

An attorney can help you determine your rights and a plan of action can be determined. You need to speak with an attorney as soon as possible to find out what is going on with the Estate of your Mother.

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My mother passed away last month and my stepfather is the surviving spouse. We have not been told of any will or life insurance. We have not had access to her personal items. She did leave us a payable on death certificate of deposit which my step father claims is his retirement life savings and is upset that she left that to us. I don’t know what I need to do. I read in a waiver that we daughters should be receiving 50% of all her assets and my step father 50% if there is no will. What steps should I take?


You need to contact an attorney at once. If there was a will, one result may be that you get nothing from the estate.  A child has no right to inherit from a parent if the parent does not want a child to inherit.  If there is no will, your stepfather would inherit with the children of your mother which include you.

Contacting an attorney will give you the information that you need.  Who will be the Personal Representative of the estate of the deceased parent is an important issue to be decided also.   You need to discuss all of these issues with an attorney at once to determine your rights.

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QUESTION:  I have credit card debt that I cannot pay. I would like to file bankruptcy. I have no personal assets. I need assistance with this process. What is the first step?


You need to contact an attorney to help you determine if you should file for bankruptcy.  Just because you owe money is not a reason to file a bankruptcy case.  The damage to your credit is severe and you may not be allowed to file to discharge debt if your income is too high or you obtained the credit cards improperly or charged when you could not afford to pay back the money you owe.


If your income is not sufficient to pay your present living expenses, what happens if you file now?  If you incur additional debt, once you file bankruptcy you cannot file again for a long time.  Before you file bankruptcy, be ready to move forward with your life.  Before you consider filing bankruptcy, you need to make sure you have your future in order.   The decision to file a bankruptcy case should only be taken after full and proper consultation with an attorney.

You and your attorney need to determine if bankruptcy will help you achieve your goals for your future.  Of course, if you do not have a goal, then, how can anyone help you determine the proper course.  You have to decide what you want to do and how you are going to achieve the goals you have.

What do you want to do in five years and how will you achieve that goal is the proper question.  Will filing bankruptcy help you reach the long term goal?


A creditor cannot beat you or cut off your hand.  Never let a creditor dictate what you are going to do.  If the calls are bothering you, do not answer the phone.  Take your time and decide your next step in the rest of your life.   Do not let the creditors back any decision for you

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Question: If I file for bankruptcy, do I have to give up my 401k?

One of the few answers that I can give that is relatively absolute is that a 401k is exempt in a bankruptcy case.  This means that unless there is some type fraud, your 401k is safe from the reaches of a Trustee in Bankruptcy, creditors or almost everyone with a possible exception of taxes owed the IRS.

You need to see an attorney who can advise you about your particular situation.  Nothing can be for certain unless a competent attorney reviews your entire situation including all assets, creditors and a determination is made of who may have a lien on your property.

Posted in Chapter 11, Chapter 13 Bankruptcy, Chapter 13 Bankruptcy Plan, Chapter 7, Creditor Seizing of Assets, EXEMPTIONS | Leave a comment