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    Checked "Yes" to Reaffirmation, but will not

    On my paperwork, my attorney checked "yes" under reaffirmation for my house. He knows I don't want to reaffirm. What would be the scenario at the 341 meeting when I say "no, I don't want to reaffirm"?
    Filed August 20 341 on September 23 Report of No Distribution - September 24 Case Discharged and Closed on November 23!!!

    #2
    Hi drowning

    I don't have a house but I can relate my case thru my car. I told my lawyer that I like my car and I want to keep it. Armed with that, when my case was filed, she checked the reaffirmation option (she could check the other option with ride through but she didn't) and now I just don't want to reaffirm my car at all. Just keep paying it to keep it.

    At the 341 hearing, nothing was mentioned about the reaffirmation and so far, 2 weeks after the 341 I still haven't received anything about it. I don't know if that's gonna be the case with the house or not.
    Filed chapter 7 Jul 13, 2010 341 hearing Aug 12, 2010 Trustee's report of no distribution Aug 20, 2010 Discharged Oct 13, 2010 Closed Oct 28, 2010.

    Comment


      #3
      I guess I'll just have to wait and see. My 341 meeting is on 9/23. Can't wait to get it over with!
      Filed August 20 341 on September 23 Report of No Distribution - September 24 Case Discharged and Closed on November 23!!!

      Comment


        #4
        We were planning on reaffirming our debts on our vehicles as well, however after speaking with our credit union and looking at the reaffirmation paperwork they filled out we don't feel it's in our best interest. The credit union said as long as we keep paying that they don't care if we keep our vehicles. Of course this was after our 341.

        Also, they didn't ask us anything about reaffirming that debt at our 341. Try not to stress too much.

        Comment


          #5
          Originally posted by drowning123 View Post
          I guess I'll just have to wait and see. My 341 meeting is on 9/23. Can't wait to get it over with!
          You'll be fine. It'll be a breeze.
          Filed chapter 7 Jul 13, 2010 341 hearing Aug 12, 2010 Trustee's report of no distribution Aug 20, 2010 Discharged Oct 13, 2010 Closed Oct 28, 2010.

          Comment


            #6
            Thanks, Just - and everyone else.
            Filed August 20 341 on September 23 Report of No Distribution - September 24 Case Discharged and Closed on November 23!!!

            Comment


              #7
              intent form

              Hi drowing123,

              Apparently this happens all the time and causes no problems...

              I was reading something from a lawyer in S.Car. and he tells his clients to mark 'reaffirm,' don't sign the papers, and stay current on the payments. His logic is that by 'intending' to reaffirm, you are 'performing' on the contract and the lender cannot use the BK to declare you in default. In other words, the lender cannot repossess or foreclose on you unless you default on the pre-BK terms.
              Can't remember the guys name.....

              But then again, my Grandmother used to say "The road to hell is paved with good intentions"

              Tom in Colo
              Ch7 filed 5/12/2010.....341 meeting 6/30/2010....report of no distribution 8/15/2010.....discharged 10/01/2010.....closed 11/09/2010

              Comment


                #8
                Whether or not to mark a debt as reaffirm on your BK petition is merely an expression of your intent at the time you are filling out the Statement of Intent. It is not binding until a reaffirmation agreement has been signed and filed with the court. As such, you can change your intent at any point in time post-filing. Kind of saying Oooops, changed my mind.
                Stopped paying: 08/10, Filed CH7: 08/27/10 , 341 & No Asset Report: 10/6/10, Last day to object: 12/06/10, Discharged: 12/07/10, Closed: 12/08/10
                AHEM.....NOT AN ATTORNEY, NOT ADVICE, ETC, ETC

                Comment


                  #9
                  My lawyer had 'reaffirm' selected on both my car and mortgage, but I've not had to reaffirm either. In fact, on the reaffirmation agreement the mortgage company sent, it even had a clause in it saying either party had 60 days to rescind the agreement if we saw that it wasn't in our best interest. From what I've been told, this is fairly common.
                  Filed: 6/30/2010
                  341: 7/26/2010
                  Discharged: 10/6/2010

                  Comment


                    #10
                    you mention you do not want to reaffirm...so does that mean you are surrendering??

                    if so....i would have your atty ammend the petition. the trustee will see you are surrendering and really can't ask more of anyone...other than giving it back.

                    i would have it changed. i want all my paperwork perfect so no questions can come up...also you signed these docs as being truthful...so just cover yourself.

                    in the end it may be fine, however, if it's IN writing it is.........in fact in writing.
                    8/4/2008 MAKE SURE AND VISIT Tobee's Blogs! http://www.bkforum.com/blog.php?32727-tobee43 and all are welcome to bk forum's Florida State Questions and Answers on BK http://www.bkforum.com/group.php?groupid=9

                    Comment


                      #11
                      Yes, tobee, I'm surrendering. I'll just play the fool and say I didn't properly read over the papers. Amending will draw even more attention I think. 21 days to go to 341 meeting.
                      Filed August 20 341 on September 23 Report of No Distribution - September 24 Case Discharged and Closed on November 23!!!

                      Comment


                        #12
                        I think you're stressing over a non issue. Intent is just that, intent, not binding.
                        Stopped paying: 08/10, Filed CH7: 08/27/10 , 341 & No Asset Report: 10/6/10, Last day to object: 12/06/10, Discharged: 12/07/10, Closed: 12/08/10
                        AHEM.....NOT AN ATTORNEY, NOT ADVICE, ETC, ETC

                        Comment


                          #13
                          Joe,

                          How did you get to type your status "AHEM.....NOT AN ATTORNEY, NOT ADVICE, ETC, ETC "? Thanks. I want to count down my days to my 341. Thanks. LOL.
                          Filed August 20 341 on September 23 Report of No Distribution - September 24 Case Discharged and Closed on November 23!!!

                          Comment


                            #14
                            Originally posted by drowning123 View Post
                            Yes, tobee, I'm surrendering. I'll just play the fool and say I didn't properly read over the papers. Amending will draw even more attention I think. 21 days to go to 341 meeting.
                            it's most likely just fine...they have to have you sign reaffirm paperwork anyway....so if it's not in writing there is not much they can do...

                            just make certain the mortgage amount is in the discharge...you don't want to have to deal with that. although, like i said the bank will have no signed paperwork from you reaffirming...good plan! don't draw any attention, good or bad..i'm with you!
                            8/4/2008 MAKE SURE AND VISIT Tobee's Blogs! http://www.bkforum.com/blog.php?32727-tobee43 and all are welcome to bk forum's Florida State Questions and Answers on BK http://www.bkforum.com/group.php?groupid=9

                            Comment


                              #15
                              Originally posted by drowning123 View Post
                              Joe,

                              How did you get to type your status "AHEM.....NOT AN ATTORNEY, NOT ADVICE, ETC, ETC "? Thanks. I want to count down my days to my 341. Thanks. LOL.
                              Go to your profile and from the right side menu click on edit my signature
                              Stopped paying: 08/10, Filed CH7: 08/27/10 , 341 & No Asset Report: 10/6/10, Last day to object: 12/06/10, Discharged: 12/07/10, Closed: 12/08/10
                              AHEM.....NOT AN ATTORNEY, NOT ADVICE, ETC, ETC

                              Comment

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