Help!!! Notice Of Hearing????

[ilovemycaitybug]

I do not understand today's PACER activity, and it has me FREAKING out!!! It reads like this..


"Interested parties are notified that the request of XXXXXX, Debtors for Motion for Court Approval of
Reaffirmation Agreement between Debtor XXXXXXXX and XXXXX Auto Credit, Inc. will be heard by Judge XXXXX in the United States Bankruptcy Court for the XXXXX sitting in XXXXXXX on the 25th day of
JULY, 2007 at 10:00 o'clock, A.M.

If determination of the issues requires finding of facts, evidence may be offered as provided by the Federal Rules of Bankruptcy Procedure and the Federal Rules of Evidence or, if such is the case, the parties may stipulate to the relevant facts. If the request is contained in a motion it may be heard on affidavits presented by the respective parties as provided by Rule 9017 F.R.Bankr.P. which adopts Rule 43(e) F.R.Civ.P.
Accordingly, the parties are reminded of the provisions of Rules 9014 which adopts Rule 7026 F.R.Bankr.P. providing for the exchange of documentary evidence and disclosure of proposed witnesses prior to the hearing....."


WHAT DOES THIS MEAN???? My notice of Ch. 7 b/k reads that "Deadline to File a Complaint Objecting to Discharge of the Debtor or to Determine Dischargeability of Certain Debts: 7/9/07".

Help... please

[lrprn]

I do not understand today's PACER activity, and it has me FREAKING out!!! It reads like this..

"Interested parties are notified that the request of XXXXXX, Debtors for Motion for Court Approval of Reaffirmation Agreement between Debtor XXXXXXXX and XXXXX Auto Credit, Inc. will be heard by Judge XXXXX in the United States Bankruptcy Court for the XXXXX sitting in XXXXXXX on the 25th day of JULY, 2007 at 10:00 o'clock, A.M...."

Stop freaking. When a debtor files pro se, since Oct 2005 the bk court has to approve any reaffirmation agreements to make sure the debtor can afford the agreement and has been treated fairly by the creditor. I checked some of your past posts but can't find if you and your husband filed with a lawyer or not. Did you?

WHAT DOES THIS MEAN???? My notice of Ch. 7 b/k reads that "Deadline to File a Complaint Objecting to Discharge of the Debtor or to Determine Dischargeability of Certain Debts: 7/9/07".

This is the official notice of the 60-day deadline for your creditors to file any objections to your Ch 7. Again, nothing to freak out about.

[ilovemycaitybug]

Thanks! I don't know if I should even be checking PACER... it makes me a nervous wreck every time I check!

We filed with a lawyer, not pro-se... any ideas???

[SinkingFast]

Yep! Lrprn is right. ProSe Filers must attend a Reaffirmation Hearing. The Court wants to be sure you know what you're doing by Reaffirming a debt you could Discharge. That it's within your means to pay the debt. Etc. Etc. Etc.

7. If you were not represented by an attorney during the negotiation of your reaffirmation agreement, it will not be effective unless the court approves it. The court will notify you and the creditor of the hearing on your reaffirmation agreement. You must attend this hearing in bankruptcy court where the judge will review your reaffirmation agreement. The bankruptcy court must approve your reaffirmation agreement as consistent with your best interests, except that no court approval is required if your reaffirmation agreement is for a consumer debt secured by a mortgage, deed of trust, security deed, or other lien on your real property, like your home.

www.miwb.uscourts.gov/forms/reaffirm.pdf

It's pretty much the same Verbage on all the Courts' .pdf files regarding Reaffirmation.

[ilovemycaitybug]

But we did use an attorney... this all makes sense if we filed pro-se, but we filed with an attorney. Did someone screw up???

[SinkingFast]

It could be a screw up. Maybe the Clerk meant to post on the case before or after yours and got yours instead.

Just a Q for you, tho,........... On I vs J, were you a tad over $0 or negative?? If negative, that might be it??!!

[ilovemycaitybug]

Hmm... I'm checking my schedules...

I = $3032
J = $3085

So, monthly net income is -$53.00... would they deny the reaffirmation because of this???

[HenriettaHen]

I just had my two reaffirmation motion hearings yesterday. They were both denied by the judge, because my income and expenses are about equal at the moment, leaving no wiggle room for future disasters.

Since I filed pro se, both of my motions had to be reviewed by the court to determine if reaffirming the debts would be in my best interests - but even though the judge determined that reaffirmation was not in my best interests, I can still pay these two debts after discharge.

One is my car loan, and one is a co-signed line of credit that I've had for many years (never got around to taking off the co-signature) , total about $ 6000.00. These two local creditors were extremely helpful during the past years, which is why I wanted to reaffirm.

The judge asked me if the auto loan people would take my car if I did not reaffirm - since the answer was no, he denied my motion. I asked about the fact that according to the new law, a Chap 7 debtor must reaffirm, redeem or surrender an auto, but the judge interprets the law as saying that I must "attempt" to reaffirm, which I clearly did.

If you have a lawyer, then he/she will notify the creditor of the reaffirmation hearing - if you are filing pro se, you will have to copy the notice, and send it to the creditor with a certificate of service, which you can download from the web. You then file copies of these documents with the Court.

I went to a lot of trouble over these reaffirmations, including yet another trip to a distant city for the hearings - but in the end they were denied.

I don't think any of it is going to amount to diddly - but I jumped through the hoops anyway.