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Some much needed advice on a reaffirmation please be honest

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    Some much needed advice on a reaffirmation please be honest

    I have a question for anyone that can answer, so hear it is, but first please read about my situation.

    As a school employee I am off for the summer with vacation pay, however when I got my stubs for the summer (I will get 4 direct deposits in July & Aug) there was a huge discrepany. I almost had a heartache when I looked at my pay. The payroll secretary couldn't explain or just didn't have time (last day of school is very busy) as to why my checks were "light" to the tune of -$270 after taxes. I called the office who handles my checks and they explained to me, needless to say that summer vacation checks are pro-rated based on how many months you worked during the school year. Now I had subbed at this school for 3 months (Sept-Nov '05). I finally got hired permanently in December 05. So for Dept of Ed, any sub work is not considered "real work" in terms of determining salary and evidently summer pay. So I was told that since I worked Dec-June (7 months) I am only entitled to 7/10 of my salary. If I was hired permanently sooner like back in Sept 05 then I would receive full vacation pay. Next summer in '07 if I am there Sept-June this won't be an issue. What angered me the most is that no one ever told me this when I was hired, I may have been able to put a few dollars a side (don't how), or did some P/T work to have for the summer. I kept praying for months that maybe my SO would start working. He might be starting a job paying well starting next month (hopefully he'll pass the 3 mo probation and get into the union with benefits). After 11 months w/o a job, I just want him to work. Even when he starts to bring in a salary, it probably won't be until late August, early Sept.

    With even less money in the house to work with, I have had to truly decide what's the most important bills to pay and that's: rent, food and utilities until SO's income (we hope) starts to come in. I have paid my car up to June '06, but I will be unable to come up with the whole $330 a month for both July & August. I know that my regular salary will kick in on Sept 15. The bank knows that I am recovering through a BK, but now I am on the hook for the remaining $2000 I owe since that reaffirmation was approved by the judge last week. All this time, I have never missed a payment with the bank for this car and I have fought hard to keep it during hard times. I am wondering if the bank will work with me somehow if I write them explaining my situation - my intentions are to pay off this car, but can they work with me by tacking on the 2 months onto the end of my loan. I have heard that banks are willing to work with you to avert repos and foreclosures if you explain the situation. I also know that it would cost more in time and money to repossess something. I am wondering if my payment record along with the small balance owed may weigh in my favor.

    So now that I explained my sad story, what do you think? How should I write my letter to the bank? I really don't want to deal with any payday loans. I have been down that route before and its very costly. My SO assures me that the bank will not repo a car with so little left to pay if I talk to the bank. I don't know considering I am trying to recover from BK- they might be spiteful to take back the car.

    Someone suggested that I go ahead and rescind my reaffirm agreement. It was filed on 5/26 so my 60 days are up in terms of changing my mind unless its 60 days from the day the judge approved it which would be 7/17. It was suggested that I talk to the bank ASAP and if they refuse to work with me then I should rescind my reaffirment and park the car elsewhere (maybe another state or garage) until I catch up with the 2 missing payments. I can't predict what will happen in August but I know I won't be able to make my July payment. My friend says that the reaffirment agreement should be rescinded anyway because what will be the purpose if I can't make the payments on time like I originally agreed to. I would hate to have to hide my car-can't I get arrested or something?

    Any suggestions would be appreciated greatly!

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

    #2
    I believe they SHOULD work with you. Whether they will or not is totally up to the Bank.

    But look at it from a business perspective.

    You "only" owe $2K total. Due to pay-off in December. Just went thru reaffirming with them that you intend to pay.

    You have a reasonable explanation for why you do not have the money readily available to make the payments this summer.

    It would be cheaper for the Bank to work with and allow you to pay-off in February than to hire an attny to go after you for the money or repossess your car.

    Just my humble opinion.

    You have nothing to loose, and everything to gain, by contacting them and explaining your situation. Give it a go. The worst they can do is say NO.
    Filed Ch 7 - 09/06
    Discharged - 12/2006
    Officially Declared No Asset - 03/2007
    Closed - 04/2007

    I am not an attorney. My comments are based on personal experience and research. Always consult an attorney in your area to address concerns related to your particular situation.

    Another good thing about being poor is that when you are seventy your children will not have declared you legally insane in order to gain control of your estate. - Woody Allen...

    Comment


      #3
      Thanks sinkingfast

      I know that many people here have read my post,but I thank you for being the one to stand up and offer some advice. Do you think that I should rescind my reaffirmation agreement first and then try to cut a "deal" with the bank? My intentions are to pay, but due to circumstances which will rectify its self in Sept I think it will look bad on the part of the bank to repo my car for $2K.

      Thanks
      sbb


      Originally posted by SinkingFast
      I believe they SHOULD work with you. Whether they will or not is totally up to the Bank.

      But look at it from a business perspective.

      You "only" owe $2K total. Due to pay-off in December. Just went thru reaffirming with them that you intend to pay.

      You have a reasonable explanation for why you do not have the money readily available to make the payments this summer.

      It would be cheaper for the Bank to work with and allow you to pay-off in February than to hire an attny to go after you for the money or repossess your car.

      Just my humble opinion.

      You have nothing to loose, and everything to gain, by contacting them and explaining your situation. Give it a go. The worst they can do is say NO.
      Hooters MC: $1700
      First Premier Platinum MC: $450
      Orchard Bank MC: $300 Juniper Visa :$600
      Target Card: $200 Capital One:$1500

      Comment


        #4
        Give the Bank a chance to work with you. Call ASAP and explain what's going on. Why you are not drawing full pay this summer. See if they won't put the loan into "forbearance" until you draw your regular pay again in Sept.

        If you rescind the Reaffirmation, AND you don't make your payments, the Bank can repo your car at any time.

        Has the Bank filed to Lift Stay yet?? As long as you're still under the Automatic Stay, they can't do anything to you or the car.

        I hate when I've been sucker punched like this SBB. And believe me, I think it's probably happened to all of us at one time or another in life. You expect full pay, or vacation pay, or whatever, and the payroll people pull out some untold, hidden clause why they can't give you your money.
        Filed Ch 7 - 09/06
        Discharged - 12/2006
        Officially Declared No Asset - 03/2007
        Closed - 04/2007

        I am not an attorney. My comments are based on personal experience and research. Always consult an attorney in your area to address concerns related to your particular situation.

        Another good thing about being poor is that when you are seventy your children will not have declared you legally insane in order to gain control of your estate. - Woody Allen...

        Comment

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