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reaffirm or not

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What is the name of your state? south carolina

we have a loan that we had gotten about 2 months before we had filed bankruptcy. we had a previous loan with this comoany and they had added 1489.00 to it and refinanced the remainder of the loan. we recieved 1489.00 and the old loan was paid in full. my question is that the loan company wants us to reaffirm the 1489.00 since it was a new debt and is considered fraudulent since it was so close to filing. they had agreed to discharge the remainder which was about 3662.00. i have recieved a letter from them stating that if i paid the 1489.00 the rest would be discharged and no further collection activity would take place. if we are to reaffirm the 1489.00 is that all we would be responsible for or could they come back at a later time and ask for more money. it says in the reaffirmation agreement that we agree to the original loan documents. i just wanted to make sure that if we reaffirmed the 1489.00 that thatis all we would be responsible for. any help with this would be great. we have no problem paying the 1489.00 since we dont want to get into trouble with them or them filing a complaint about the discharge of this debt. the creditor wanted the full amount originaly but then i reminded them of the 4 times they had violated the automatic stay and they came back with the 1489.00 since that was actually the amount we recieved.


Senior Member
Who told you that discharging this loan would be fraud ?? Was it this law-breaking company that keeps trying to collect even during the automatic stay ?? What does your lawyer say ?? Do NOT listen to anything this company spouts at you about bankruptcy law !! Unless your lawyer tells you that discharging this loan WOULD be considered fraud, then I'd tell this company to get bent and to stuff their reaffirmation agreement !!

While it may be a 'fresh' debt, if you didn't take that money with the INTENTION of never paying it back, knowing that you WERE going to file for bankruptcy on it anyway to get out of paying it, then THAT would be fraud. This company would have to file an objection to the dischargability of the debt and go before the BK judge and the Trustee to make their case.

I think they're just twisting your arm .. and breaking the law while their at it.

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