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can not get set answer from attorney

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    can not get set answer from attorney

    we asked him some questions regarding house and car, he said if we plan not to reaffirm then we have to add to our file that we are surrending, we do not want to surrender the car, thinking about the house..
    I just sent this email... does it seem clear to you what I am asking, also if anyone has any answers please help....
    341 was a week ago.

    Thanks....

    PS I mention the household because 2 of the children are full time students, one at home one home term time, i was told it could be an issue at any stage.

    B

    email sent...

    Dear XXXXX

    We are very confused, and maybe you could help us out,
    Firstly we do NOT want to surrender the Car we want to keep it and keep paying, we just cannot afford to Reaffirm it, it sounds like going through the courts with an attorney would be thousands of dollars and we do not have that this time of the year, I understand an option is to go to the judge on our own, but with the sch J being Negative so much it looks like it would be a no anyway... also would that not extend the discharge date?? time?? if we opted to go infront of a judge ourselves as that has to be sorted out before discharge can be granted right? personally i know my wife is very stressed throughout all this and doing anything to extend the time frame is not an option we want to explore.
    Is it not an option to Just not Reaffirm and keep paying early every month and hope they do not take the car?

    The Second question we have NOT decided to Surrender the house we are looking into all our options to enable us to be in the best posible postion for our hopefully fresh Start, The question i wated to ask was, if we did decide to surrender now while awaiting Discharge, could it affect the chapter 7 process as in, i.e. What if the trustee decided to not accept our Household of 5 and make it 3 we would not be able to use the mortgage payment on a means test as we had decided to surrender thus then forcing us to a 13.... if that is a remote chance of that, then we will opt not to surrender the house and keep paying our mortgage and re-evaluate later on down the road, after we are discharged.
    B x
    filed Ch 7 Oct 31st 2008.
    341 Dec 10th 2008.
    DiSCHARGED Feb 10th 2009

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