Surrendering a car to the credit union I bank at?

[markinmad]

I have a Honda Pilot that I'm upside down on. I signed the reaffirmation papers without realizing the implications of that decision. I learned that we'd have hearings on both cars and went to the hearing on my wife's car and the judge denied the reaffirmation. I was expecting the same thing to happen to my reaffirmation agreement.

Last week I got my discharge. I checked through pacer and found that my credit union never filed the reaffirmation agreement with the court.

The way I read the law, if they didn't file the paperwork, they're out of luck for any deficiency if I surrender?

Second question. I currently do my checking through them. If I surrender will they go after money in my checking account?

Mark

[markinmad]

Just checked pacer... does this mean they got in under the wire? I can still notify them in writing within 60 days, right?

06/10/2009 Order Discharging Both Debtors cc: via BNC to all parties. Signed on 6/10/2009. (Madison, Jolene) (Entered: 06/10/2009)

06/12/2009 BNC Certificate of Mailing - Order of Discharge (Related Doc # (Related Doc # 35 )). Service Date 06/12/2009. (Admin.) (Entered: 06/13/2009)

06/16/2009 Pro Se Reaffirmation Agreement with UW Credit Union [Loanliner Open-End Application and Plan dated January 28, 2007] filed by UW Credit Union. (Madison, Kathleen) (Entered: 06/17/2009)

06/24/2009 Final Decree: This bankruptcy estate having been fully administered within the meaning of 11 U.S.C. 350(a) and Fed. R. Bankr. P. 3022, the trustee is hereby discharged and the trustee's bond is hereby cancelled. This case is closed. (Madison, Jolene) (Entered: 06/24/2009)

[LuciluS]

Have no clue about your 2nd post. Your first post, yes.

Credit Unions are well known to Cross-Collateralizing your Loans (whether it is an Secured or Non-Secured Loan) with your checking account. Me, in your position? I would hightail it to the Credit Union and Close your Checking Account as soon as possible. I hope it's not too late.

Get a checking account at a Neutral Bank. If you have any direct deposits or ACHs, you will need to notify them as soon as possible, also.

Luci

[StartingOver08]

I believe you may be able to resind the reaffirmation agreement, but you have to hurry. There is a time limit of 60 days. I don't know if the discharge affects the 60 days or not. Check this link for resinding a reaffirmation agreement details: http://www.rib.uscourts.gov/Pro%20Se/reaffirmation.htm

[GeG_Lost]

My lawyer told me that discharge does not affect the 60 days. I know the bankruptcy code states 60 days or the date of discharge, whichever is LATER.