who reaffirmed their car/ who didn't?

[B65]

if you did did you have to have your lawyer/court approve it? can it be signed by just you?

or if you didn't... did anyone ever come take the car while you were current and never missed a payment?

Thanks B

[bkchap7filer]

In answer to the first question....at a minimum either an attorney or the judge has to declare it "no hardship." If you file pro se or if you have an attorney that makes it a practice to not attest to the "no hardship," then you will have to have a hearing with the judge to make that determination.

What I don't know, is how often an attorney says "no hardship" and then it is denied or a hearing is required with the judge anyway......

[StartingOver08]

if you did did you have to have your lawyer/court approve it? can it be signed by just you?

Reaffirmed with CU. Attorney signed/approved reaffirmation and then filed with the court.

or if you didn't... did anyone ever come take the car while you were current and never missed a payment?Not applicable.

Thanks B

I don't know yet if the court takes further action. It seems to be the end, but I am still in my 60 days. IDK

[subking]

I didn't cause my lawyer said he wouldn't endorse it and pretty much said the court would deny it anyway. So I make the payments and see waht happens after the discharge. I don't think they can repo my car until as least after the discharge cause of the stay but I'm not 100 sure of that. I assume they won't repo my car cause I'm making payments and will continue.

[Teddy]

My BK papers said that I was intending on reaffirming my car and my house - I didn't sign either one. My attorney sent the car paperwork back to my CU and told them that I was not reaffirming, but was going to continue making payments.

I was discharged in June and have made my payments, and no problems! Actually, I called them and asked them and they were very nice and told me as long as I paid, I keep the car.

[Logan]

I did not reaffirm and 4 months after BK I decided I did not want it anymore. I made a phone call and it took them 2 months but they came and picked it up.

I recommend NOT reaffirming your car loan.

Logan

[magyar123]

Back in 2004 - old laws - my attorney advised me NOT to reaffirm, but just keep on making my usual customary payments. Her reasoning was that if I ever wanted to get rid of the car because of major repair issues I could just return the car to the lender with no backlash as the loan itself was discharged in my filing.

[Bell30656]

My lawyer told me that if I didn't plan to reaffirm my truck, I'd be in chapter 13 as I would have a disposable income problem without the truck payment. Don't get me wrong, I like the truck, I want to keep it and I like the place I bought it from (Buy Here/Pay Here - But not highway robbers). I have just filed but expect to be reaffirming. Lawyer says it is a no brainer.

[Martha13]

if you did did you have to have your lawyer/court approve it? can it be signed by just you?

or if you didn't... did anyone ever come take the car while you were current and never missed a payment?

I actually did one of each. On the reaff, I signed it (if my dh had been on the loan, he would have had to sign as well, but the car was only in my name) as did my attorney and filed it with the court. I never did receive anything official after that, but I did contact the credit union and they said everything was done.

On the car I didn't sign a reaff on (would have, they just never pursued it and send me anything) I am continuing to make the payments, and so far, so good.... I have had both cars since May, filed in June, discharged in Oct...