Lender hasn't filed reaffirmation yet, what happens next?

[CreditCretin]

I was just wondering what happens (if anyone knows) when the lender doesn't file the reaffirmation prior to the last date for objections. I have filed a reaffirmation with Toyota, upon their request, had the attorney sign it, and sent it back to Toyota. I even called Toyota to confirm that they received my signed reaffirmation and they told me that they were reviewing it.

So, what happens if the lender doesn't file that reaffirmation before (or on) your last date for objections. Can they still file it after that date, since it was signed prior to the date? I have been checking PACER periodically and dont' see anything new filed on my case. I am just curious, if the lender can (or would) refuse the re-affirmation and not file it and start to to reposess the vehicle even if it's current after discharge..

[tcreegan]

Hi creditcretin,

You have made a good faith effort to reaffirm, stay current, keep the insurance, and they cannot repossess.

The law this falls under is 11 U.S.C. §541(c)

Also, if your attorney and/or the BK judge does not approve the reaffirmation, doesn't matter, the above still holds.

Tom in Colo

[CreditCretin]

Thanks for the reply. The attorney has already filled out his part and signed it so that part was done. Not sure why Toyota is dragging their feet so much, they sent us letter stating if I didn't sign the form they'd reposess.