Motion to Reopen Bankruptcy Case

[BrokeStudent8]

The credit union that holds the lein on my car has filed a Notice of Appearance, a Motion to Reopen Bankruptcy Case & a Motion to Partially Vacate Dischage so that they can legally file my Reaffirmation Agreement. I hate them. My case discharged and closed on Jan 19th.

The problem was that they didn't send me my Reaffirmation Agreement until a week before the discharge. I signed & returned it immediately, only because the credit union "does not take payments on secured items." Even though Texas law would allow me to not reaffirm and just make payments (if the credit union agreed.) They claimed that they sent it out in October, but the woman I spoke with said that they didn't have my full address, and that must be why it never arrived (even though they DO have my full address, because I had been receiving my monthly statements and their advertisements at it.) She was concerned (and kind of snippy too) that it wouldn't be filed in time, but I assured her that if she sent it out immediately (via FedEx or something) I would sign my part and file it with the court. She then informed me that they don't do it that way, that they send it to me blank, I sign it and return it, and then they file it. I knew there would be no way they would get it done in time. I hate them for reopening my case. In one way, I'm glad because now I know they won't take it from me (especially since I already made next month's payment) but in another way it sucks. Ugh. Does anyone know how long it takes for a case to close after this sort of thing? Here, if the BK court allows it, they will have to do a Reaffirmation Hearing, because I'm a Pro Se filer (they make all Pro Se filers go to a Reaffirmation Hearing just so that they can fully explain what reaffirmation is, in case you're slow.) So any guesses as to how long this whole thing will take? Those bastards...

[bkfiler]

well if you want to make payments anyway and were ok signing it before dont take it so hard. look at it that way.

how much do you own on it? list the actual market value, balance and payments each month amounts.

i wonder if you just show up and tell the judge you dont want to reaffirm. see what he says. worst case you sign.

i also wonder if you didnt reaffirm if they would really take the car. it costs them money to deal with it and if they already have a buyer then why bother. maybe call their bluff if you are in a situation where you could handle it if they took the car worst case.

as far as how long it takes. no idea for sure. but pacer should show you how many days are left for a response or if its just waiting on a judge to consider reopening the case then maybe less then 20 days for that, plus an actual hearing set so less then another 20 days. im guessing.

dont worry much about it. everything is on your side. you are ok with reaffirming if you have to. you are fine with the payments anyways. so no problems worst case.

in the meantime, if you want 'expert' advice on the subject. go to the 341 hearings. ask attorneys wht options you might have and how these play out. maybe you will pick up on a tip.

also, cant you search pacer for their name and see other cases that happened like this? a creditor search. go to the courthouse if its free to use pacer though. it might save costs.

[bkfiler]

dont know the reasons why a judge wouldnt open o rnot open a case but he has to agree to open it first.

are you allowed to keep the car as long as you make payments? what is the law here? i think they can take it if they want to? or only if you havnt made a payment (1 day late)?

maybe you could argue against the most stating that they had their chance before and explain that you are making payments as you told them you would.

i am amazed at how much trouble they are going through and time, attorney, and costs wasted for this. you must really have a crappy loan through them and they are greedy and want it in stone. consider that.

[kissrawks]

Does anyone know if this is going to happen when a 722 redemption isn't finalized yet until after discharge?

[BrokeStudent8]

Here are the stats on the car:

8.9% APR
$9,966.00 balance
monthly payment $389.62
it's worth what I owe

I've already paid on it through March.

I'm going to try the PACER search, see if that helps. I did find this, which makes it sound like I don't have to reaffirm as long as they agree to take my payments:

http://www.tolerance.org/maps/hate/state.jsp?S=FL&m=3

The problem is that they won't agree, so they're making this into a huge deal. They better not tack on the $220 fee to reopen my case onto my loan, because this mess is their fault.

[bkfiler]

Does anyone know if this is going to happen when a 722 redemption isn't finalized yet until after discharge?

stay on top of this as another poster just had his car repoed since he wasnt finalized and he wasnt making payments either.