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Nervous about reaffirmation

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    Nervous about reaffirmation

    I am single and have filed chapter 7 bankrupcty. My 341 meeting is next week. I live with someone that I am not married to. I work part time. Our money goes basically into one "pot" with the other person for bills, etc. The other person contributes most of the money, so figuring out my income and expenses for schedule I and J was a bit tricky as I don't really pay any certain expenses and my expenses would far outweigh my income (even after filing) if I were listing them all.

    So, I signed a reaffirmation agreement on my truck. I love my truck and want to keep it at all costs. It was actually my main concern when filing--I wanted to ensure I could keep it. When looking at the expenses and income I had listed on the I and J schedules, there was a shortfall, so we reduced some of my expenses (because I am not really paying them anyway truthfully, the other person is) to remedy this situation. Because my income per month is so close to my truck payment amount, I listed in the "explanations" section that I receive additional support from friends and family monthly.

    My attorney received the reaffirmation agreement back today and it was denied by the creditor, but the only reason listed is because the attorney name is listed as the owner of the firm and my attorney signed it rather than him. My attorney apologized (as she SHOULD have!) and resubmitted it. She said that she and the owner put their heads together and thought it best to list a specific amount in the "additional support from family/friends" section. She said that she thinks there shouldn't be a problem with it now at all.

    I'm worried, though.....just because it is my truck! Just to clarify, my submitted expenses (including truck payment) were less than my income, but not by very much at all. I was hoping that being less at all than the income would keep it from going into the "hardship" category. I put the additional support statement in there as a buffer to keep it out of this category. The resubmitted form will specify an amount (few hundred dollar buffer in there) for this support and will have the CORRECT attorney signature on it.

    What do you think? Should I be worried like I am? It is just an unusual circumstance where I live with someone I am not married to and they pay most of the bills, even the ones in my name, so my income and expenses aren't "clean" if that makes sense.......

    Is the creditor or judge going to deny this reaffirmation?!?!? Any advice is appreciated.

    #2
    I guess I should have said that I have never been late on a payment for my truck, so that isn't an issue.

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      #3
      If the judge considers the payment a hardship on you, despite your statements otherwise, he or she can and will disallow the re-affirmation, no matter what you or the lender desire. This has happened to others here and there's nothing you can do about it. Good luck.
      Filed BK (Ch. 7) 6/2/08
      Discharged!! 9/24/08
      Closed..the end! 10/1/08

      Comment


        #4
        Originally posted by b_girl View Post
        If the judge considers the payment a hardship on you, despite your statements otherwise, he or she can and will disallow the re-affirmation, no matter what you or the lender desire. This has happened to others here and there's nothing you can do about it. Good luck.
        If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

        Comment


          #5
          Thanks for the information. The debt is current and has NEVER been behind, so that isn't an issue. How much extra has to be available after paying listed expenses and the truck payment for the judge typically to allow it?

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