Did our car get reaffirmed? Signed but never filed?

[cherir]

We were discharged chapter 7 on November 14th. Our case is not closed because the trustee is trying to come after the equity in our home, but we are going to court next week with the trustee agreeing we are correct - she wants this to become case law for our state.

We did sign a reaffirmation agreement on our one vehicle, but it has never been filed by the trustee. Not on Pacer.

Is this a detail the trustee will take care of as she closes our case eventually, or should have been filed prior to discharge? Are there any "rules" or standard procedure?

Car lender is not reporting our payments and claims to be keeping our case open until we are closed. We are simply curious.

If it never gets filed, is it not a legal reaffirmation? Could we be sued for the difference if we gave the vehicle back (if the reaffirmation is never filed?) Could the lender take us to court over this?? Our lawyer did sign it, but again - never filed.

Thanks!

[HHM]

Reaffirmation agreements usually don't involve the trustee, the agreements are entered between the debtor (you) and the creditor. Typically, the creditor, once you sign the agreement, is supposed to file the agreement with the court.

Typically, the reaffirmation agreement should be filed before discharge, but if your case is still open, you can still get it filed. You need to get with the car finance company with whom you are reaffirming and straighten this out ASAP.