Rescinding reaffirmation agreements.

[damooster]

Toyota filed our reaffirmation agreement and it was posted on Pacer today. My hope is that even though I filed pro se, the court reviews it and approves without a hearing because there's a statement in the agreement that says I may be able to avoid a reaffirmation hearing if I can convince the court on the statement that it wouldn't be an undue hardship. I had included my monthly car payment on my schedules, so the figures show that I would have about $160 left a month with the car payment.

I don't want to go to court any more, however, and if the court does set a hearing date I'm thinking about rescinding the agreement. If I do rescind the agreement, what will happen to the car? Will I have to surrender it to Toyota? I can't seem to find anything about this for the state of Virginia.

Any help is greatly appreciated.

[justbroke]

My hope is that even though I filed pro se, the court reviews it and approves without a hearing because there's a statement in the agreement that says I may be able to avoid a reaffirmation hearing if I can convince the court on the statement that it wouldn't be an undue hardship.

Not going to happen. The Court is required to hold a hearing if the debtor is pro se.

"if the debtor desires to make an agreement of the kind specified in subsection (c) of this section and was not represented by an attorney during the course of negotiating such agreement, then the court shall hold a hearing at which the debtor shall appear in person..." 11 USC 524(d)

I don't want to go to court any more, however, and if the court does set a hearing date I'm thinking about rescinding the agreement. If I do rescind the agreement, what will happen to the car? Will I have to surrender it to Toyota? I can't seem to find anything about this for the state of Virginia.

If you rescind the reaffirmation, the consequences will usually be based on the State in which you live. I am unsure if the Commonwealth of Virginia has any Statutes which prevents a creditor from repossessing a vehicle after the debtor filed for Bankruptcy, didn't have an approved re-affirmation agreement, and is or isn't current on all payments.