Reafirmation of Vehicle

[AlamoKid]

I have been trying to get my lawyer to send in my signed reafirmation agreement of my vehicle, to be filed with the court over the last 4 weeks. I have called, emailed, and even tried to set up an appointment to see my lawyer. My calls are never returned, email's never answered and appointments cancelled. My discharge date is April 28th.
My questions are:
1. Will my discharge date be extended if this reafirmation is not filed? My reafirmation of the vehicle was included in the original bankruptcy filing under Debtor's Statement of Intention.
2. Can the filing of the reafirmation agreement still be filed even after the discharged date?
3. Can I bypass my attorney if all else fails, and reafirm directly with the car company.

Thanks for any help.

[lrprn]

Did your lawyer ever tell you that he/she doesn't think it's a good idea for you to sign this reaffirmation agreement?

Also are you upside down on this car loan? (In other words, is the loan value higher than the current market resale value of the car?) Perhaps it isn't in your best financial interests to reaffirm the auto loan?

Two last questions - who is your car lender and what state do you live in?

[AlamoKid]

Thank you for responding lrprn,
The lawyer felt it was in the best interest for me to sign the reafirmation. The car is fairly new, and it is not a financial hardship to maintain the payments.

The loan was from Capital One, and I live in Texas. I am just frustrated that I cannot get a hold of my lawyer to have this filed and may jeopardize my closing date for discharge.

[lrprn]

The loan was from Capital One, and I live in Texas. I am just frustrated that I cannot get a hold of my lawyer to have this filed and may jeopardize my closing date for discharge.

CapOne is not known for repossessions if reaffirmation agreements aren't signed. Since the car is fairly new, I imagine there isn't much equity in it - yet another reason for CapOne to allow you to make the payments without a reaffirmation agreement. They will likely lose money if they repossess.

If your case closes without the reaffirmation in place, then as long as you keep making your car payments on time every month, chances are very good that nothing will happen and you'll keep your car.

Keep pinging your lawyer but all is not lost if you don't get the reaffirmation done. We haven't had a single member here who has had a car repossessed after discharge just because they didn't sign a reaffirmation.