Can recind reaffirmation past creditor objection deadline, too good to be true??

[ohwell]

I contacted my atty about the car reaff hearing we have next week. He informed me that not only are we past the creditor objection deadline, that the deadline the trustee has to throw out our case on abuse grounds was also the same day as the creditor objection deadline. He also informed us that the judge that we have wouldn't try to argue things anyways. My husband's work may have salary cuts, and we are really nervous to commit to this reaffirmation now.

We are still negative on our schedule J if the car payment isn't included, so we still don't go from red to black on that, so we had to file it as a hardship on our reaff paperwork. Our atty is suspecting we would get the reaffirm, however we did have to do a declaration of need, etc. etc. to keep the car - we don't have any physical proof that any family/friends would help us either(which is stated we have help if need be in the declaration, but we really don't have proof or any way to produce a letter). We have financing through Ford, and I called their credit/bk dept and they told us no ride throughs if we get turned down on the reaffirmation... Nice. I want to tell them to stick their car up their arses and have a nice day.

So, has anyone not commited to their reaffirm if the hearing was after the creditor objection deadline? I am scared to do this, was going to let it be all up to the judge to say NO, but now that the judge will probably give it to us, and our atty states we are in the clear to not reaffirm(he informed us it was risky before our deadline to "surrender" the car, I inquired about not reaffirming a few weeks ago because I was getting paranoid). We are scrambling to try to find something, I am just scared because we don't have our discharge yet. Can anyone validate this fact re: this whole trustee deadline situation that my atty told us about? I want to believe this, it seems to good to be true...

[ohwell]

BUMP, anyone?

[keepmine]

The code gives you the right to recind a reaffirmation agreement.

http://doney.net/bkcode/11usc0524.htm

(c) An agreement between a holder of a claim and the debtor, the consideration for which, in whole or in part, is based on a debt that is dischargeable in a case under this title is enforceable only to any extent enforceable under applicable nonbankruptcy law, whether or not discharge of such debt is waived, only if--

(1) such agreement was made before the granting of the discharge under section 727, 1141, 1228, or 1328 of this title;

(2) the debtor received the disclosures described in subsection (k) at or before the time at which the debtor signed the agreement;

(3) such agreement has been filed with the court and, if applicable, accompanied by a declaration or an affidavit of the attorney that represented the debtor during the course of negotiating an agreement under this subsection, which states that--

(A) such agreement represents a fully informed and voluntary agreement by the debtor;

(B) such agreement does not impose an undue hardship on the debtor or a dependent of the debtor; and

(C) the attorney fully advised the debtor of the legal effect and consequences of--

(i) an agreement of the kind specified in this subsection; and

(ii) any default under such an agreement;

(4) the debtor has not rescinded such agreement at any time prior to discharge or within sixty days after such agreement is filed with the court, whichever occurs later, by giving notice of rescission to the holder of such claim;