Is my attorney right?????

[TheBrokeCouple]

Our attorney's office called yesterday and said that CitiFinancial had not recieved our reaffirmation agreement for our van that we purchased just before we filed.

It was my understanding that we didn't HAVE to file one, that we could keep the van, continue the payments and NOT sign one. We live in Indiana.

They want us to call CitiFinancial to arrange another copy to be sent out to us. They had sent us one, we signed all but one page (it was missed). They sent it back, and then after everything I read, I tore it up, and threw it out because I didn't think we had to.

I hope this doesn't delay our discharge.

TheBrokeCouple

[keepmine]

The question is, does your district allow ridethroughs? If not, you'll have to reaffirm.

[JRScott]

It depends on your district, and the value of the vehicle. It could be your district requires it, I'd ask the lawyer about a ride through. If he says its not allowed in your area then I"d call and get the paperwork.

[HHM]

I think the issue is that you just bought the car right before filing. Most car companies will generally require a reaffirmation in that scenario regardless of how things work in your district (there are exceptions, of course).

What you need to realize, you cannot FORCE a creditor to do a ride-through. Granted, most creditors allow ridethroughs to happen because it is in their best interest. But, if you literally purchased the car right before filing, many car finance companies will require the reaffirmation.

Of course, your other option would be to call their hand and see if they are bluffing; don't sign the reaffirmation and see if they repo.