San Lorenzo, CA Bankruptcy Law Firms & Lawyers

When you file a bankruptcy petition, it covers all debt that was incurred up to the date of filing. It does not protect you from debt that you incur after you file the petition.

Code section 524(c) authorizes a lender to enforce the terms of a filed Reaffirmation Agreement provided it was not rescinded by the debtor (1) before the Discharge was entered, or (2) within 60 days after the Agreement was filed with the Court, whichever occurs later. Accordingly, if the Agreement was filed with the Court prior to November 12th the 60 day window has already passed, and you cannot avail yourself of your rescission rights. You should check the Court docket to determine when the Agreement was actually filed. If the 60 day window has expired, I doubt that re-opening the case would accomplish anything.

You are permitted to file it again, BUT if you had a case pending within the past 12 months, you must also move the court to extend the automatic stay to the end of the case, since it will otherwise expire in 30 days. If you had TWO cases ending within the past 12 months, then there is no automatic stay UNLESS you file a motion with your petition, asking for the riemposition of the automatic stay, and showing why it is just to reimpose it. IF you had a case pending within the past 180 days, and someone moved for Relief from Stay during that period, AND you then voluntarily dismissed the case, you must wait 180 days from the dater of the dismissal before you can file again. (If you had gotten a discharge under Ch. 13, there would be more to say, but apparently you did not.) You would definitely benefit from retaining a skilled bankruptcy lawyer. Good Luck.