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Has anyone had to go to a hearing to reaffirm your vehicle?

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    Has anyone had to go to a hearing to reaffirm your vehicle?

    I went to see my attorney yesterday and he had me sign some paperwork to reaffirm my Dodge Caravan which I want to keep. The problem is he said he had to check the box and sign that this could cause a hardship for me since my schedule shows me -900 in the hole. He said I may have to go to a hearing for this but that if a stress to the judge that I must keep this van so I can get to work, etc and that I will make adjustments to my budget if I have to then I should be able to keep it. Has anyone else experienced this issue?

    Thanks!
    Kari
    10/12/2007 Filed Chapter 711/08/2007 341 Meeting 01/07/2008 Last Day for Objections
    http://www.bankruptisnormal.com/

    #2
    Personally,.......... The only people I've heard of going to a hearing regarding Reaffirmation Agreements are Pro Se filers.

    When you file Pro Se, the Court wants to be sure you understand what you're doing when you Reaffirm debt. And that the Reaffirmation does not pose and undue financial hardship on the Debtor/Filer.

    I have seen, on PACER, where the BK Judge will deny a Reaffirmation Agreement for whatever reason. But I've never heard of anyone going to a Hearing. Doesn't mean it doesn't happen. Just never heard anyone else mention it.
    Filed Ch 7 - 09/06
    Discharged - 12/2006
    Officially Declared No Asset - 03/2007
    Closed - 04/2007

    I am not an attorney. My comments are based on personal experience and research. Always consult an attorney in your area to address concerns related to your particular situation.

    Another good thing about being poor is that when you are seventy your children will not have declared you legally insane in order to gain control of your estate. - Woody Allen...

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      #3
      That is strange. I did search the forums before I posted this but I didn't find anything. I hope the judge doesn't deny the reaffirmation but I guess it wouldn't be the end of the world. My husband is not filing so he could finance another vehicle if we had to.
      Kari
      10/12/2007 Filed Chapter 711/08/2007 341 Meeting 01/07/2008 Last Day for Objections
      http://www.bankruptisnormal.com/

      Comment


        #4
        My lawyer just requested the reaffirmation agreement from my auto loan creditor. I hope to get that in the next week or 2 and have that last little piece of the puzzle in place.
        Filed CH 7 09/17/07
        341 Meeting 10/17/07
        Last day for Objections 12/17/07

        Comment


          #5
          Yep, we had to have a reaffirmation hearing before the judge. Our disposable income was too low (in the negative) and Ford objected. My FIL wrote a letter saying he would help us make the payment if necessary. I don't think the judge would've approved the reaffirm without that letter. The judge said he didn't think Ford would want the car back if he didn't agree to the reaffirm, but he didn't want us to have to "play chicken" with them. I have since been able to refinance at a lower rate than we had with Ford anyway, so we're through with them.

          I was extremely nervous, but everything worked out fine.

          Comment


            #6
            Thanks for responding to this. I've been checking out this forum for a little while and this is the first I've heard of having a hearing like this. I know I could get my parents to write a letter like that if I needed them to.
            Kari
            10/12/2007 Filed Chapter 711/08/2007 341 Meeting 01/07/2008 Last Day for Objections
            http://www.bankruptisnormal.com/

            Comment


              #7
              We were negative $250 and were told we would have to get a relative to sign they would help or vastly improve our cirumstances, fast. Tthe lawyer refused to sign no matter what. Therefore we would have to go for a hearing, pay another fee..blah blah blah. To much bother for me.
              We decided not to reaffirm and just ride through.
              WAM
              ch7 8/07 CLOSED: 11/07 Rebuilding and saving.
              WAMU unsecured $2,000 Capital One unsecured $500
              PAID OFF MONTHLY!!!

              Comment


                #8
                Our lawyer didn't charge us any additional fee for the reaffirm hearing. We would've preferred to just ride through, but Ford had other ideas.

                I would definately get the letter from your parents. Then, if you need it, you have it.

                Comment


                  #9
                  Ford did a ride though with me even after their own attorney was a pain in the ass about filing out a reaffirmation agreement.

                  Call the Ford BK department and if you haven't been late in payments they should let you continue to make payments without having to affirm. They don't want your car back.

                  I found out the local attorneys don't really have a lot to do with Ford's BK department. The BK department can do what they want.

                  Comment


                    #10
                    We are negative on our schedules, and our car/lender sent our atty the paperwork for us to fill out and sign. We are negative on our schedules, and I only signed my paperwork and the atty is filling out the rest. I don't know what he is doing with this as far as hardship or not. I sent the forms back, but haven't asked the atty what happens next, frankly whatever will happen will happen.

                    Guess I will cross my fingers and see what happens.
                    "Did you ever feel like your guardian angel went out for a smoke?"
                    Filed 9/4/07
                    341 10/11/07 Concluded no asset 10/17/07
                    Final Date for objections 12/10/07

                    Comment

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