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Need clarification on reaffirmation of debt

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    Need clarification on reaffirmation of debt

    Hi

    When do you file the reaffirmation agreement. I know that it says somewhere that you have to file within 45 days of filing the "Statement of Intention". Can I file this reaffirmation at the same time I file the rest of my BK paperwork?

    What's the process? When you file the reaffirmation agreement does the BK court notify the creditor (in my case I want to reaffirm and keep my car) of your intentions? Am I suppose to mail a copy of my reaffirmation agreement to the creditor? How do they file the agreed upon paperwork through the courts so I know that they are willing to accept it? I owe less than what the property is worth so I feel that with my good track record of paying the car note - they will probably allow me to finish paying it off. I am not be represented by an atty, so I know that I will have to go before the judge during the discharge hearing so that he can grant permission.

    Thanks,
    sbb
    Hooters MC: $1700
    First Premier Platinum MC: $450
    Orchard Bank MC: $300 Juniper Visa :$600
    Target Card: $200 Capital One:$1500

    #2
    Since you are filing pro se - it is your responsibility to contact the auto creditor and make arrangements with them to reaffirm on the auto......
    This should be done immediately after you file so all papers can be signed at the 341 meeting or close there afterwards.
    All paperwork has to be signed, sealed, and delivered to the Court before discharge or the auto will be considered surrendered or as an asset with equity in it to sell.....
    You need to get this taken care of as soon as possible.
    Minny

    "It's amazing the paths that our feet sometimes follow in life".

    My suggestions are from "personal experience" and research only. Do not consider this as legal advice. Each bankruptcy case is different.

    Comment


      #3
      Minny;

      Thanks for the reply. I plan to file the bk papers Tuesday along with it I am including the reaffirmation agreement. Are you saying that I should wait for the BK court to notify the creditor that I filed Bk (they will mail a notice to all of my creditors on the matrix) and my intention. Or should I write a letter myself to the creditor informing them of the situation and that I plan to keep the car and pay it off. I only have about $200 equity in the car so the trustee wouldn't want it. I can have the car paid off by December. My intention is to keep this car and I need to know of the right thing to do. I read somewhere that someone else besides me must mail both the creditor and the trustee my statement of intention - does this sound right?

      Thanks
      sbb

      Originally posted by Minnymouth
      Since you are filing pro se - it is your responsibility to contact the auto creditor and make arrangements with them to reaffirm on the auto......
      This should be done immediately after you file so all papers can be signed at the 341 meeting or close there afterwards.
      All paperwork has to be signed, sealed, and delivered to the Court before discharge or the auto will be considered surrendered or as an asset with equity in it to sell.....
      You need to get this taken care of as soon as possible.
      Hooters MC: $1700
      First Premier Platinum MC: $450
      Orchard Bank MC: $300 Juniper Visa :$600
      Target Card: $200 Capital One:$1500

      Comment

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