One more reaffirmation question (sorry!)

[BKDebby]

My 341 was November 10. I have already reaffirmed with Chase on my mortgage, but still waiting on Toyota. The trustee said I needed to get Toyota on the ball because I had just 44 more days after the 341.

But on some Chase (mortgage) paperwork I was looking at tonight, it says "Any reaffirmation agreement filed after SIXTY (60) days of the Meeting of Creditors will not be valid".

So is it 45 days or 60 days from the 341? Was the trustee wrong? I am 100% sure she said 45 days. If I still have 60 days to reaffirm w/Toyota from last Wednesday, I'm not so worried with the Holidays coming up. My lawyer's secretary told me 60 days when I called them today but she's a little wacko sometimes.

This is Indiana if that makes any difference.

[debee]

The specifics are contained in 11 U.S.C. 524(c). The agreement has to be made before the granting of discharge.


edit: so that's where the "60 days" comes from.

[BKDebby]

Thanks, Debee.

[debee]

The 45 days comes from 11 U.S.C. § 521(a)(6) .... because if it's not filed by then, the automatic stay is lifted.

You can still file a reaffirmation agreement after 45 days, but if Toyota wanted to take the car that would be the day when they could do it. (Insofar as its allowed by state law and your loan docs)

[BKDebby]

Thank you again!

I'm beginning to wonder about the lawyer I hired, he did such a great job for my brother 5 years ago, and his case was much more complex than mine.

[myid4u2c]

First question I have is why are you reaffirming? Very few times does this make sense.