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Vehicle Reaffirmation Questions

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    Vehicle Reaffirmation Questions

    Filed 12/4/19 - 341 meeting - 1/13/20

    Hello- I chose to reaffirm my lease to give myself time to come up with some money to buy a different car once the lease is up.

    I have questions. How will I know if the reaffirmation has been approved? So far on pacer it only states the flags: MEANSNO, REAF

    My other question is do you think I will be required to attend a reaffirmation hearing?

    I was in the red for my expenses to income ratio but only by $43 and my attorney signed that he believes I would be able to manage the payments and stated I would adjust my expenses to make up for the $43.

    I've already worried myself sick about this whole bankruptcy case and now that it's ALMOST over, I am just worried I won't be able to keep my car. I just really need it. I have a baby and no other means to get a car at this point.

    So now that I'm done rambling, my main question are just:

    Will I have to attend a reaffirmation hearing? And if yes, how will I know?

    Or how will I know if the reaffirmation has been approved or denied?


    #2
    Okay, this is just background information before I answer your question. The affect of filing a reaffirmation depends on whether you are Pro Se or not. If you are Pro Se then the lease reaffirmation requires a hearing. If there is no hearing then the reaffirmation agreement means nothing. If you were Pro Se, many of the clerks, in the Clerk's office, will not automatically schedule a hearing just because you filed something that requires a hearing. I usually write in to the or add the words REQUEST FOR HEARING on my pleadings.

    Now the answer to your question. Since you filed with an attorney and the attorney marked "No Undue Hardship' and signed the reaffirmation agreement, the agreement is automatically enforceable upon filing with the court. There is no hearing.

    Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
    Status: (Auto) Discharged and Closed! 5/10
    Visit My BKForum Blog: justbroke's Blog

    I am not an attorney. Any advice provided is not legal advice.

    Comment


      #3
      I filed with an attorney.

      He didn't mark either one. But signed the paper stating he believes I would be able to manage the payments despite being -$43 short.

      Comment


        #4
        Then the reaffirmation is considered approved because your attorney approved and filed the document. It will not require a hearing.
        Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
        Status: (Auto) Discharged and Closed! 5/10
        Visit My BKForum Blog: justbroke's Blog

        I am not an attorney. Any advice provided is not legal advice.

        Comment


          #5
          Thanks a million. This was my first actual post but my bankruptcy case had been pending for almost a year since my income had changed and I had to wait to be able to file chapter 7. But I was on these forums all the time worrying myself sick and losing sleep. But this site helped me so much and I see you answering a lot of the questions so I just wanted to say I really appreciate you.

          Comment


            #6
            My attorney had the agreements for us to sigh soon after we stepped out of the 341. If that helps.

            Comment

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