Credit Card sent Re-Affirmation papers, what to do??

[kel87al]

My husband and I filed for chapter 7 on July 8th and now our AAFES CC has sent us re-affirmation papers. They say they are using the chest freezer and mattress we purchased as collateral, but they want the whole amount of 5k reaffirmed. What should we do? Anyone have AAFES do this to them? My husband is retired so we dont have to worry about a commander being notified! Do you really think if we dont do this they will come and get a used mattress and year old freezer? Any input will be appreciated!!

Thanks!!

[HMT]

When did you buy those things?

[pepperoncini]

tell them to come get the stuff.

Chances are, they won't.

NO WAY would I reaffirm.

[nokia123]

My husband and I filed for chapter 7 on July 8th and now our AAFES CC has sent us re-affirmation papers. They say they are using the chest freezer and mattress we purchased as collateral, but they want the whole amount of 5k reaffirmed. What should we do? Anyone have AAFES do this to them? My husband is retired so we dont have to worry about a commander being notified! Do you really think if we dont do this they will come and get a used mattress and year old freezer? Any input will be appreciated!!

Thanks!!

Don't do it.

[helpmeout]

I wouldn't sign the reaffirmation. And I would ask them what day they want to repossess the collateral. They will either come and get the items or drop it.

[kel87al]

We bought the freezer 8-09 and the mattress 5-10. The mattress was for my elderly mother so we dont even have that in our possesion.

Thanks for all the help, we were already leaning towards not doing the reaffirmation from other threads i have read on here, just wanted somemore opinions.

[SMinGA]

Refuse the reaffirmation, and advise them that they will need to proceed to legally repossess the items. File to lift the stay, file a replevin writ (I think that is the right term, not 100% sure though) so that whoever comes to pick up the stuff is identified by the sheriff's department as authorized to take the items.

Highly unlikely they will bother, as that will cost them time & money (legal fees). It is, of course, a risk you must take - but I'm guessing that risk is worth the $5,000 that you will not be paying back.

[BCA2009]

Drop the letter in the round file.

[iv65536]

Agreed. This one goes to the cylinder file.

Or, next time you are done grilling, let the hot coals take care of these papers....

[kel87al]

Thanks to all for the advice!! Going to talk to our lawyer on Monday about it but I am sure he will say to put it in the can too!

[number5]

My husband and I filed for chapter 7 on July 8th and now our AAFES CC has sent us re-affirmation papers. They say they are using the chest freezer and mattress we purchased as collateral, but they want the whole amount of 5k reaffirmed. What should we do? Anyone have AAFES do this to them? My husband is retired so we dont have to worry about a commander being notified! Do you really think if we dont do this they will come and get a used mattress and year old freezer? Any input will be appreciated!!

Thanks!!

You have to remember to leave all emotion out of this. I doubt you're that attached to those items anyway.

How much would it cost to replace those items? A mattress would need to be bought new, but the freezer could be bought used. Can you get those items for less than $5k? Then the worst that can happen if you don't reaffirm is they come take those items, and you have to purchase replacements at a discount (the best, of course, is you get to keep them). Looks like if you don't reaffirm, it's a win-win either way.