Houston bankruptcy court won't vacate a chapter 7 discharge to allow the filing of untimely reaffirmation agreements

In a recent court case, U.S. Bankruptcy Judge Letitia Paul denied a "Motion to Reopen Case and Suspend or Withdraw Order of Discharge." The debtor wanted to enter into three reaffirmation agreements, but they were not reduced to writing before the debtor received her discharge.

The court held that Bankruptcy Code section 524(c) requires that there be a written reaffirmation agreement entered into before the granting of a discharge, and there was not in this case. The agreements were oral. So the motion was denied, the debtor would not be allowed to reaffirm the debts.

The court also held that "the bankruptcy court lacks authority to vacate a discharge in order to allow the debtors to enter into a reaffirmation agreement,"  citing In re Rigal, 254 B.R. 145 (Bankr. S.D. Tex. 2000).

Our office often gets calls from people that have filed with other lawyers that want to do this, reaffirm a debt after they have been discharged. We have to tell them that at least here in the Houston, Texas area, we have not found that to be possible.