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Who makes you re-affirm? The court or the creditors? Will creditors be pub. record?

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    #1

    Who makes you re-affirm? The court or the creditors? Will creditors be pub. record?

    When filing BK and you're asked to re-affirm a debt on a car, furniture or what have you, is the re-affirm document is just something the creditor sends you in the mail or is this something the judge or bankruptcy trustee asks for paperwork on?

    Does the trustee get involved with re-affirming a vehicle? How does re-affirming a loan or not re-affirming a loan affect a bankruptcy? If I am looking to file a Chapter 7 and don't re-affirm on one or both of my cars, can that cause a show stopping on a discharge and closing of the case?

    Anyone with details on this? As who touches the paperwork?

    Also when you file a Chapter 7, are all of the people you list on the list of creditors listed as public record for all to see? So if I include 60 people in a bankruptcy, will anyone in the world be able to see those 60 people if they look at court records on-line?
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    #2
    The creditor will be the one requesting that you reaffirm the debt, the trustee and/or judge really won't have anything to do with it.

    Comment

      #3
      So do you basically just ignore the notice when it comes in (as many people here recommended?)

      What can happen if you don't re-affirm?

      Like in my case I owe $13,000 on my car and if they took the car back and auctioned it off, I am betting that they would not get more than $4,000 to $5,000 the auction.

      Comment

        #4
        If you don't pay...they come and get it. If you do pay....they likely do nothing but always have the right to come and get it.

        In terms of the trustee and judge doing nothing..... someone has to certify that it isn't an undue hardship. If you have an attorney, they will usually make this declaration for you and the judge doesn't usually say otherwise. However, if you file pro se there will be a hearing with the judge about undue hardship.

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          #5
          I am using an attorney. I've been over the median because I had a higher income previously, so I'm waiting for the average to go down. I just took an $1100 hit this month in commissions from dropping sales.

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            #6
            so you have to tell the judge is NOT a harship? and they can pick up the car even if you
            are paying the note on time??? will they NOT negotiate with you so you do keep IT> this 722 can be done prose?

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              #7
              The OP didn't mention a 722----only a reaffirmation or not

              Comment

                #8
                Question about this, if you dont reaffirm and continue to pay ...who gets the title when its paid off?



                Originally posted by bkchap7filer View Post
                If you don't pay...they come and get it. If you do pay....they likely do nothing but always have the right to come and get it.

                In terms of the trustee and judge doing nothing..... someone has to certify that it isn't an undue hardship. If you have an attorney, they will usually make this declaration for you and the judge doesn't usually say otherwise. However, if you file pro se there will be a hearing with the judge about undue hardship.
                04/25/08 Filed chap 7
                05/23/08 phone conference with trustee
                05/30/08 341 set
                07/29/08 Last day for objections

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                  #9
                  GMAC told me that if I continued to pay and they didn't exercise their right to come and get it, then my title would be mailed to me when it was paid off just like if the bk never happened.

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                    #10
                    Cool..thanks

                    Originally posted by bkchap7filer View Post
                    GMAC told me that if I continued to pay and they didn't exercise their right to come and get it, then my title would be mailed to me when it was paid off just like if the bk never happened.
                    04/25/08 Filed chap 7
                    05/23/08 phone conference with trustee
                    05/30/08 341 set
                    07/29/08 Last day for objections

                    Comment

                      #11
                      Originally posted by debtmonster View Post
                      Also when you file a Chapter 7, are all of the people you list on the list of creditors listed as public record for all to see? So if I include 60 people in a bankruptcy, will anyone in the world be able to see those 60 people if they look at court records on-line?
                      Whoever wants to view your bankruptcy either online or via going to the Courthouse will see everything about your BK (creditors, amounts owed, etc., etc.). The only things that may be eliminated are SS#'s and phone numbers (eliminated, blocked out or xxx-xxxx). And it stays public record forever so if one is ever asked on an employmenet application or any other application whether or not one ever filed bankruptcy, the answer better be "yes" cause they can always find out.
                      _________________________________________
                      Filed 5 Year Chapter 13: April 2002
                      Early Buy-Out: April 2006
                      Discharge: August 2006
                      "A credit card is a snake in your pocket"

                      Comment

                        #12
                        Originally posted by Flamingo View Post
                        Whoever wants to view your bankruptcy either online or via going to the Courthouse will see everything about your BK (creditors, amounts owed, etc., etc.). The only things that may be eliminated are SS#'s and phone numbers (eliminated, blocked out or xxx-xxxx). And it stays public record forever so if one is ever asked on an employmenet application or any other application whether or not one ever filed bankruptcy, the answer better be "yes" cause they can always find out.
                        Wow... that sucks.

                        I think it's best to move to another state and not let them know what state you lived in before then. So if I filed BK in FL and moved to Connecticut and got a job and never gave them any reference to living in FL, then maybe they can do a BK lookup in CT and never find anything... (this is just an example.)

                        I wonder if going BK will stop be from any good computer jobs in the future? Ya think?

                        Comment

                          #13
                          The bankruptcy will appear in your credit report when the employer checks it, regardless of the state you live in.

                          Comment

                            #14
                            Originally posted by allavdj View Post
                            The creditor will be the one requesting that you reaffirm the debt, the trustee and/or judge really won't have anything to do with it.
                            This is not correct the judge will have to approve the reaff and make sure it does not cause hardship on the debtor
                            Chapter 7 07/30/2008
                            341 09/17/2008
                            Discharge 11/21/2008

                            Comment

                              #15
                              I'll have to wait 10 years then before I can tell people that I didn't go BK. That part will suck.

                              Comment

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