Auto Lease
I filed chpt 7 in August and had my 341 meeting on Sept 22. At both my attorney meeting and the 341 meeting I said that I wanted to keep (reaffrim) my auto lease. They said that wouldn't be a problem and that I wouldn't lose the car. Then today I get a notice that the Wells Fargo Auto Finance's attorneys have filed a motion to repo my car because I'm in default. Attached is the lease agreement and the first thing it says under the "Default" section is that if I or anyone else on the loan files bankruptcy, we are in default. Shouldn't my attorney have told me this? Is this just the process and now I'm suppose to reaffirm the loan? If not, then did someone forget to send the reaffirmation letter... and as a part of that question, who's supposed to "do" the reaffirming??? Me, my attorney, or the trustee? Incidentally, as I said I filed on 9/22 and I still haven't seen my notice of no distribution on PACER yet. My attorney said that's because this trustee is the slowest one in the state. WHAT THE HECK IS GOING ON??? I'M GOING NUTS! And of course I get the repo paper s on a frigging Saturday!!! Help me somebody, please!
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Well, I'm really not too sure about your situation. But from what I understand from your post is that in the actual lease agreement it states that if the individual files bankruptcy, that automatically defaults you. I think I would try to contact WF on Monday to try to come to some agreement. I don't know whether they will accept a reaffirmation if they state in the agreement of what constitutes a default.
Good luck on this situation!!!!
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