Central District Consumer Bankruptcy Attorney's Association

I do not see how it can be legally enforceable. It is the same debt thatwas discharged in the bankruptcy. How can it be legally enforceable
against the debtor without formal reaffirmation first? It is one thing torefinance with a new deed of trust, because that pays off the old securedobligation. It is another thing entirely to modify a discharged debt. This is no
different than an unsecured lender modifying an agreement of a dischargeddebt allowing for say better payment terms or additional credit. This isexactly the type of creditor abuse that Section 524(c) is designed to
prevent.
I am not aware of any cases on point either.
Mark T. Jessee
Law Offices of Mark T. Jessee
"A Debt Relief Agency"
50 W. Hillcrest Drive, Suite 200
Thousand Oaks, CA 91360
(805) 497-5868 (805) 497-5864 (Facsimile)
In a message dated 1/27/2014 3:38:11 P.M. Pacific Standard Time,
easky1@yahoo.com writes:
Hello listmates:
1. debtor files bk, no reaff during bk of 2nd T.D., but keeps paying 2ndT.D.
Debtor asks for a modification and signs a new note for the consideration of the modification. Is this proper, or since there was no reaff, is thelender barred from enforcing the new note? Any cases? can't seem to findone like this.
2. Need a Denver BK atty? referral?
thanks,
Dennis
I do not see how it can be legally enforceable. It is
the same debt that was discharged in the bankruptcy. How can it be legally
enforceable against the debtor without formal reaffirmation first? It is
one thing to refinance with a new deed of trust, because that pays off the old
secured obligation. It is another thing entirely to modify a discharged
debt. This is no different than an unsecured lender modifying an agreement
of a discharged debt allowing for say better payment terms or
additional credit. This is exactly the type of creditor abuse
that Section 524(c) is designed to prevent.

I am not aware of any cases on point either.

Mark T.
JesseeLaw Offices of Mark T. Jessee"A Debt Relief Agency"50 W.Hillcrest Drive, Suite 200Thousand Oaks, CA 91360(805) 497-5868 (805)
497-5864 (Facsimile)

In a message dated 1/27/2014 3:38:11 P.M. Pacific Standard Time,
easky1@yahoo.com writes:


Hello listmates:


1. debtor files bk, no reaff during bk of 2nd T.D., but keeps paying 2nd T.D.
Debtor asks for a modification and signs a new note for the consideration
of the modification. Is this proper, or since there was no reaff, is
the lender barred from enforcing the new note? Any cases? can't
seem to find one like this.

2. Need a Denver BK atty? referral?

thanks,

Dennis

The post was migrated from Yahoo.

Absolutely not proper because creditor didn't reaffirm note!
See BAP's In re Getzoff
Law Office of Peter M. Lively * Personal Financial Law Center I
11268 Washington Boulevard, Suite 203, Culver City, California 90230-4647
Telephone: (310) 391-2400* Toll Free: (800) 307-3328 * Fax: (310) 391-2462
On Monday, January 27, 2014 3:38 PM, "easky1@yahoo.com" wrote:
Hello listmates:
1. debtor files bk, no reaff during bk of 2nd T.D., but keeps paying 2nd T.D.
Debtor asks for a modification and signs a new note for the consideration of the modification. Is this proper, or since there was no reaff, is the lender barred from enforcing the new note? Any cases? can't seem to find one like this.
2. Need a Denver BK atty? referral?
thanks,
Dennis

The post was migrated from Yahoo.