I did a reaffirmation agreement, signed, went before the judge and then sent a letter to the creditor canceling the reaffirmation agreement within the timeframe. I sent a letter to the creditor after I stopped making payments telling them to come get the car. Now they are threatening suit. I have the right to cancel the reaff and did it within the timeframe. Doesnt the discharge cover this now?
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LOL, I saw your post in the other thread about how you filed BK without an attorney, but now you have a problem.
The answer to your question is, it depends.
1. Since you weren't represented by an attorney, did you have a reaffirmation hearing?
2. Was the agreement entered into before you received your discharge.
Generally, the finance company is entitled to some compensation for your continued use of the vehicle during the recission period of the reaffirmation agreement. -
reaff
Had the reaff hearing, judge told me that he would approve and did not have to do reaff, and to look at the conditions and time frame for filing paperwork should I change my mind. Finance company was told in october 2004 to come get car but never did. Would say my only problem has been this one company not coming and getting their car.
agreement prior to discharge, recinded priot to disharge being ordered and within the 60 day time frame.Last edited by richs; 02-25-2005, 01:32 PM.Comment
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Well, what exactly is the Finance Company threatening you with?
But nevertheless, the finance company is entitled to some form of compensation when a reaffirmation agreement is withdrawn, even if its withdrawn within the the recission timeframe. But its generally not a large amount of money, maybe 2 months worth of payments.Comment
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cool hhm
They received monthly payments from the time I rescinded until October, when I finally said come take it. They are telling me that I defaulted and they are looking into how to get their money back from me, but each letter states at the bottom that they are not demanding payment. From what I've read, I'm in the clear. I just want them to come get the darn car, have my credit report show that it was included in my bk and get on with my life. They keep calling even though I've sent them a cease and decist.
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