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    What are the odds?

    I've stated before that we are keeping 2 houses and 2 vehicles. We are only reaffirming (1) vehicle and the rest we are doing a ride through.

    Mercedes Benz Financial sent the reaffirmation papers. We signed them and they filed them.

    Today in my mail I received paperwork from the Bankruptcy Court that shows a hearing in March regarding the reaffirmation. The paperwork says "possible undue hardship".

    What are the odds that the judge won't let me keep my car??? If the judge says no, can I just keep paying and keep my car?
    Chapter 7 filed 10/21/2008
    341 - 11/26 went smooth NO ASSET
    Took 115 days after 341 - But Finally DISCHARGED 3/25/09

    #2
    Yes you get to keep the car and they can not take it from you if you keep up the payment. why reaffirm it just keep paying
    Chapter 7 07/30/2008
    341 09/17/2008
    Discharge 11/21/2008

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      #3
      Can I un-reaffirm? If so how?
      Chapter 7 filed 10/21/2008
      341 - 11/26 went smooth NO ASSET
      Took 115 days after 341 - But Finally DISCHARGED 3/25/09

      Comment


        #4
        Originally posted by relief13035 View Post
        Can I un-reaffirm? If so how?
        you can change your mind before discharge. MB's aren't fast selling cars you think they will take something back that's being paid for?
        Chapter 7 07/30/2008
        341 09/17/2008
        Discharge 11/21/2008

        Comment


          #5
          Originally posted by relief13035 View Post
          Can I un-reaffirm? If so how?
          You 'ain't' got no trouble. MB will understand and your best bet is to have the Judge deny your re-af. Then it is not your fault and believe me, money at this time is more valuable than a car nobody wants. 'Hub
          If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

          Comment


            #6
            You have the right to withdraw the reaffirmation.

            If you let it go to hearing and the judge denies the reaff, you do have a greater risk that MB will request an order that you surrender the car, because technically, there is no "ride through".
            Last edited by HHM; 02-17-2009, 08:40 PM.

            Comment


              #7
              This cracks me up........I am now sitting at day 79 and not discharged yet. (gotta love the speed of Southern California) I highly doubt the MB wants my car back.

              I can afford the payment fine. Now I'm thinking if the Judge denied the reaffirm he would be doing me a favor.
              Chapter 7 filed 10/21/2008
              341 - 11/26 went smooth NO ASSET
              Took 115 days after 341 - But Finally DISCHARGED 3/25/09

              Comment


                #8
                Just go in with your eyes open...

                When a judge denies a reaffirmation agreement, the judge is saying you "cannot afford" the car. More often than not, if a reaff goes to hearing and it is denied, the car company will request turn over of the vehicle.

                You are better off withdrawing the Reaffirmation before the hearing. Note, too, if it goes to hearing and the judge approves the reaffirmation, then you have reaffirmed the car.
                Last edited by HHM; 02-18-2009, 06:18 AM.

                Comment


                  #9
                  I would withdraw the reaffirm

                  and I think that may be what is holding up your discharge, My lawyer told me sometimes that happens and I said no way am i extending getting my discharge for a car... something that gets me from a to b..... My discharge came on day 62... and just to let you know....... we called the place up that has our loan for a car as the day of discharge we got approved for a great car loan, incase they wanted the car we did not reaffirm on, and the place told us... NOOOO we don't want the car please keep it, you pay you keep!!! we might keep it but I think I can get a lower payment with the new loanw e have, so i have a choice keep the new car under warranty higher payment ... but will not receive and good credit from it.... but I am free from the debt..... or get a lower payment (they did approve us for 17k) and build credit but be tied to a car.. so not sure what to do.....
                  if I were you i would withdraw the reaffirm pronto! .
                  B x
                  filed Ch 7 Oct 31st 2008.
                  341 Dec 10th 2008.
                  DiSCHARGED Feb 10th 2009

                  Comment

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