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    reaffirmation options

    lawyer said to go in next week and either sign ref papers or amend schedule. so my options are ......see if they will amend the reafirm to debtor to keep collatoral and still pay. if not then either i reaffirm or surrender. what are my chances if i say to the lawyer.. what about if i just dont sign? I did say on my petition i would though so i guess i can get in trouble if i don't..lol.

    will this delay or hinder my discharge date?
    B x
    filed Ch 7 Oct 31st 2008.
    341 Dec 10th 2008.
    DiSCHARGED Feb 10th 2009

    #2
    Good Question. I would like to know this one. It says on the paperwork that I would reaffirm. Of course, if I did not reaffirm any of my debts that may leave me/us with additional income left over.

    Comment


      #3
      For what it's worth, I had my mortgage and one vehicle listed as "reaffirm". I signed the mortgage reaffirmation and had the judge shoot it down so I never bothered signing the one for the vehicle. At no time was there any mention of amending the petition. Keep in mind my attorney wasn't very impressive and that might be why.

      It also seems to me that I've read that a reafffirmation can be revoked. If you time it right you couldd maybe revoke it after discharge so there's no easy way to get in trouble at that point.
      Discharged November 2008 100 days after filing no-asset Chapter 7. We intended to let a two-year-old vehicle go back to the bank and reaffirm an inexpensive ten-year-old SUV and our home mortgage. In the end we surrendered ALL of our vehicles and reaffirmed NOTHING. We'll "ride through" our mortgage after the court ruled it an undue hardship.

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        #4
        I was told by the court that you can revoke a reaffirmation 60 days after you sign it. Now that 60 days can occur before or after your discharge. By the way, I put on my petition that I would retain the house and car. No one has sent reaffirmations and if they do, my lawyer said he doesn't advise me to sign. The court even gave me a FAQ sheet to read on reaffirmations and it clearly states that is it not mandatory by the court to reaffirm and most times, it is not in the debtor's best interest to reaffirm.
        Retained Lawyer 10/3/08
        Filed Chapter 7 11/25/08
        Equifax 536 on 11/25/08, Equifax 571 on 03/11/09
        Discharged 03/11/09

        Comment


          #5
          Originally posted by B65 View Post
          lawyer said to go in next week and either sign ref papers or amend schedule. so my options are ......see if they will amend the reafirm to debtor to keep collatoral and still pay. if not then either i reaffirm or surrender. what are my chances if i say to the lawyer.. what about if i just dont sign? I did say on my petition i would though so i guess i can get in trouble if i don't..lol.

          will this delay or hinder my discharge date?
          No it will not change your discharge.
          Just don't do anything but keep paying. and you can keep the assets
          Chapter 7 07/30/2008
          341 09/17/2008
          Discharge 11/21/2008

          Comment


            #6
            hoping someone with knowledge would chime in on this subject, just talked to lawyer today about NOT reaffirming even though we checked we would. Scary enough for me, my lawyer didn't even know what a ride through was, i think i am in big trouble.

            Comment


              #7
              Originally posted by jandrl2001 View Post
              hoping someone with knowledge would chime in on this subject, just talked to lawyer today about NOT reaffirming even though we checked we would. Scary enough for me, my lawyer didn't even know what a ride through was, i think i am in big trouble.
              You do not have to reaffirm if you don't want to even if you check the box that said you would.
              Chapter 7 07/30/2008
              341 09/17/2008
              Discharge 11/21/2008

              Comment

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