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    Question about reaffirmation deadline

    I am confused about the whole timeline for reaffirming my auto and home loan. When I had my initial consultation with my attorney, he never brought up the word reaffirmation. He simply said I would be able to keep my home and vehicle. The first I heard of it was after my 341. I found this out from his partner, since my attorney couldn't make my 341 meeting. I was told my attorney would call me a couple of days after my 341 to go over everything. I didn't hear from him from him for 2 weeks, that was after me leaving a few messages for him. He told me not to worry about the reaffirmations, we had plenty of time to figure everything out. I had the 341 on 7/26/06, and the reaffirmations are just now being filed. I had called a couple of times asking what I needed to do and he would always put it off. I was under the assumption that I had 60 days after filing the reaffirmation agreement to change my mind. Is it too late now since they were filed so late? My attorney now makes it sound like I put it off to the last minute. He said he would have to see if he could still get it filed. My plan was to reaffirm both loans and then I was going to wait a month and see if I could get approved for a Capital One Blank Check loan and try to find a small SUV. If I was able to get the loan at a decent interest rate, I was going to turn my vehicle in to the bank. Is that even possible now? Did my attorney wait too long to get everything done? I would ask him, but I have lost quite a bit of faith in him.
    To err is human. To really mess things up, you need a computer.

    #2
    Originally posted by sp114 View Post
    I am confused about the whole timeline for reaffirming my auto and home loan. When I had my initial consultation with my attorney, he never brought up the word reaffirmation. He simply said I would be able to keep my home and vehicle. The first I heard of it was after my 341. I found this out from his partner, since my attorney couldn't make my 341 meeting. I was told my attorney would call me a couple of days after my 341 to go over everything. I didn't hear from him from him for 2 weeks, that was after me leaving a few messages for him. He told me not to worry about the reaffirmations, we had plenty of time to figure everything out. I had the 341 on 7/26/06, and the reaffirmations are just now being filed. I had called a couple of times asking what I needed to do and he would always put it off. I was under the assumption that I had 60 days after filing the reaffirmation agreement to change my mind. Is it too late now since they were filed so late? My attorney now makes it sound like I put it off to the last minute. He said he would have to see if he could still get it filed. My plan was to reaffirm both loans and then I was going to wait a month and see if I could get approved for a Capital One Blank Check loan and try to find a small SUV. If I was able to get the loan at a decent interest rate, I was going to turn my vehicle in to the bank. Is that even possible now? Did my attorney wait too long to get everything done? I would ask him, but I have lost quite a bit of faith in him.
    With the changes in the bk laws that went into effect a year ago, most bk lawyers now advise against filing reaffirmations UNLESS the specifics of your case makes that a reasonable thing to do. What reasons did your lawyers give for signing reaffirmations in your case?

    Has your Ch 7 been discharged by the trustee yet?
    I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

    06/01/06 - Filed Ch 13
    06/28/06 - 341 Meeting
    07/18/06 - Confirmation Hearing - not confirmed, 3 objections
    10/05/06 - Hearing to resolve 2 trustee objections
    01/24/07 - Judge dismisses mortgage company objection
    09/27/07 - Confirmed at last!
    06/10/11 - Trustee confirms all payments made
    08/10/11 - DISCHARGED !

    10/02/11 - CASE CLOSED
    Countdown: 60 months paid, 0 months to go

    Comment


      #3
      Originally posted by lrprn View Post
      With the changes in the bk laws that went into effect a year ago, most bk lawyers now advise against filing reaffirmations UNLESS the specifics of your case makes that a reasonable thing to do. What reasons did your lawyers give for signing reaffirmations in your case?

      Has your Ch 7 been discharged by the trustee yet?
      He told me that if I did not reaffirm my auto loan, they would take the vehicle. He said he did not know about the mortgage, but he thought they might forclose on the house if I did not sign. He is a nice guy, but I am starting to wonder if he really knows what he is doing.
      To err is human. To really mess things up, you need a computer.

      Comment


        #4
        i hear ya!i dont think my lawyer knows what hes talking about either!

        Comment


          #5
          Originally posted by sp114 View Post
          He told me that if I did not reaffirm my auto loan, they would take the vehicle. He said he did not know about the mortgage, but he thought they might forclose on the house if I did not sign. He is a nice guy, but I am starting to wonder if he really knows what he is doing.
          Were you behind on your auto payments when you filed? How about your house mortgage?
          I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

          06/01/06 - Filed Ch 13
          06/28/06 - 341 Meeting
          07/18/06 - Confirmation Hearing - not confirmed, 3 objections
          10/05/06 - Hearing to resolve 2 trustee objections
          01/24/07 - Judge dismisses mortgage company objection
          09/27/07 - Confirmed at last!
          06/10/11 - Trustee confirms all payments made
          08/10/11 - DISCHARGED !

          10/02/11 - CASE CLOSED
          Countdown: 60 months paid, 0 months to go

          Comment


            #6
            Originally posted by lrprn View Post
            Were you behind on your auto payments when you filed? How about your house mortgage?
            Nope, I've never missed a payment.
            To err is human. To really mess things up, you need a computer.

            Comment

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