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Changing mind on reaffirmation

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    Changing mind on reaffirmation

    I reaffirmed an RV on 6/6/08. We wish to terminate this agreement and are running close to the end of the 60 day window (8/5/08).

    The reaff paper work says to contact the creditor to cancel the agreement. Is that all I need to do?
    Filed Ch7 3/6/08 [X]
    341 hearing 4/10/08 [X]
    Last day for Objections 6/9/08 [X]
    Discharge AND Closed 6/23/08 [X]

    #2
    You don't have a lawyer?
    If not, send a letter stating you wish to cancel the reaffirmation agreement to the creditor CRRR.

    Comment


      #3
      Involve your attorney as well to recind this reaffirmation if you used an attorney. I do believe that you have up until your discharge date to recind a reaffirmation agreement.
      Bankruptcy History:
      Chapter 7 filed - 10/12/2005 - Asset
      Discharged - 02/16/2006
      Case Closed - 11/08/2007

      A banker is a fellow who lends you his umbrella when the sun is shining and wants it back the minute it begins to rain ~ Mark Twain

      All suggestions are based on personal experience and research and SHOULD NOT be construed as legal advice as I am NOT an attorney. Always consult with competent counsel in your area with regards to your particular situation.

      Comment


        #4
        Originally posted by BassBoy View Post
        Involve your attorney as well to recind this reaffirmation if you used an attorney. I do believe that you have up until your discharge date to recind a reaffirmation agreement.
        I've already sent an email to my attorney. My concern here is that they are going to want more $$$.

        My paperwork says I've got until discharge OR 60 days after the agreement is filed with the court... which ever is LATER.
        Filed Ch7 3/6/08 [X]
        341 hearing 4/10/08 [X]
        Last day for Objections 6/9/08 [X]
        Discharge AND Closed 6/23/08 [X]

        Comment


          #5
          Originally posted by keepmine View Post
          You don't have a lawyer?
          If not, send a letter stating you wish to cancel the reaffirmation agreement to the creditor CRRR.
          I already planned on CMRRR. Can't I just copy my attorney on my letter?
          Filed Ch7 3/6/08 [X]
          341 hearing 4/10/08 [X]
          Last day for Objections 6/9/08 [X]
          Discharge AND Closed 6/23/08 [X]

          Comment


            #6
            Originally posted by sharksfan View Post
            I've already sent an email to my attorney. My concern here is that they are going to want more $$$.

            My paperwork says I've got until discharge OR 60 days after the agreement is filed with the court... which ever is LATER.
            If there is a fee for your attorney to write a recind, it's probably minimal compared to the costs of being stuck with a reaffirmation you no longer desire. The fee should not be nowhere near the same costs you paid for filing your BK.
            Bankruptcy History:
            Chapter 7 filed - 10/12/2005 - Asset
            Discharged - 02/16/2006
            Case Closed - 11/08/2007

            A banker is a fellow who lends you his umbrella when the sun is shining and wants it back the minute it begins to rain ~ Mark Twain

            All suggestions are based on personal experience and research and SHOULD NOT be construed as legal advice as I am NOT an attorney. Always consult with competent counsel in your area with regards to your particular situation.

            Comment


              #7
              It doesn't appear that my attorney is charging me a fee. I have signed the resind docs for the item in question. We are thinking about resinding a second item as well.
              Filed Ch7 3/6/08 [X]
              341 hearing 4/10/08 [X]
              Last day for Objections 6/9/08 [X]
              Discharge AND Closed 6/23/08 [X]

              Comment

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