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what did you put on your petiton

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    what did you put on your petiton

    regarding your cars.. those doing ride throughs?? did you sign to check to reaffirm..... what happens if you check that, but do not sign the papers... ie

    tell the lawyer you do not want to sign reaffirmation agreements for the cars. So you are neither going to walk away from the cars nor are you going to sign an agreement. Instead you will continue making payments as agreed upon in the auto loan document and if the lender wants to take back the car "That's a decision the car loan company makes." can i do this?
    B x
    filed Ch 7 Oct 31st 2008.
    341 Dec 10th 2008.
    DiSCHARGED Feb 10th 2009

    #2
    My petition had my mortgage and one vehicle I intended to reaffirm and another vehicle I intended to surrender.

    I signed the reaffirmation for the mortgage and the judge ruled it was a hardship and denied it. As a result I didn't bother signing the reaffirmation on the one vehicle.

    I surrendered both vehicles and I'm riding through on my mortgage.
    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.

    Comment


      #3
      keebler

      did you go to he judge yourself or have your lawyer? I cannot afford for my lawyer to go... just wondered if the paperwork just gets sent to the judge or if we have to attend a hearing? just really do not want to draw more attention than I have to to my case LOL!
      i really do not want to reaffirm so for $26 i hope i can amend with debtor will continue to pay but not reaffirm.

      B
      B x
      filed Ch 7 Oct 31st 2008.
      341 Dec 10th 2008.
      DiSCHARGED Feb 10th 2009

      Comment


        #4
        Originally posted by B65 View Post
        did you go to he judge yourself or have your lawyer? I cannot afford for my lawyer to go... just wondered if the paperwork just gets sent to the judge or if we have to attend a hearing? just really do not want to draw more attention than I have to to my case LOL!
        i really do not want to reaffirm so for $26 i hope i can amend with debtor will continue to pay but not reaffirm.

        B
        - I indicated "reaffirm" on my petition.
        - Mortgage Company sends Reaffirmation Agreement to attorney.
        - Attorney sends it to me.
        - I send it back because the loan balance was wrong.
        - Attorney and Mortgage Company waste time.
        - Attorney sends updated Reaffirmation.
        - I return signed Reaffirmation Agreement.
        - Attorney files Reaffirmation Agreement with the court.
        - Judge reviews the reaffirmation and calls a hearing.

        (The attorney didn't make it clear whether the loan was a mortgage or a home equity loan. The attorney also fails to fill in the blank explaining why this should NOT be considered an undue hardship.)

        - The hearing is held and the Judge and Attorney go on and on about how reaffirmations should never be allowed. Attorney comments "I don't even know why I should bother filling these (Reaffirmation Agreements) out." The judge gives a lenghty speech on how the world is clearly ending and nobody can assume they won't lose money on anything.

        - In the hallway the attorney and I talk about the automobile reaffirmation I haven't signed yet and I told him to forget about it because my mortgage seemed more important and that got shot down. At this point, discharge is a week or two away and reaffirmation stops being possible upon discharge.

        - I notice my discharge on PACER and haven't heard another word from the attorney of his office since the hearing.
        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.

        Comment


          #5
          everything was checked on mine
          My lawyer said she would not recommend I reaffirm anything and I did not.
          Chapter 7 07/30/2008
          341 09/17/2008
          Discharge 11/21/2008

          Comment

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