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Discharge before Reaffirm Papers Recorded!!

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    Discharge before Reaffirm Papers Recorded!!

    I am discharged... YAY!

    BUT... my reaffirm paperwork for car has not yet been recorded in the court, so I take it I missed my opportunity.

    I am about 15 days late on this payment, because of having to shift my checks around for an unexpected expense, but I am making the payment today, and plan to stay current.

    I have a co-signer, so does that mean they will be less quick to repo even if I didn't reaffirm, because they have another debtor to try to collect from?

    HELP, I am afraid they will come take my car today before I can get to the Western Union place!!!!

    #2
    Call them! If you let them know what is happening, you'll be fine I'm sure. (Plus, they may not even be aware of the discharge yet.)
    Most of my information is from personal experience or HOURS and HOURS of online research. When you're searching online, keep in mind there is no guarantee that the info is completely up to date, and your situation is unique from anyone else's. Do your homework, and consult with an attorney so you can make an informed decision.

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      #3
      I was just discharged yesterday...

      I am going tonight after work...

      BUT I am concerned about the future... will the fact that a cosigner is still liable give me a little more leeway with being late (not that I am planning on it) than a loan that only has one signer and is not liable!!??!?

      Would they have to give the cosigner a normal amount of time to pay before repo even if the 1st signer is a non-reaffirmed 7?

      Comment


        #4
        It would depend on the creditor, is my guess. I don't know that they ever have to give you any set amount of time before repo. I don't believe there are formalities with vehicles, like there are with home loans. It comes down to a matter of risk... If the lender feels they are likely to be paid, they won't come for the car.

        The cosignor angle could go either way. They could view it as give more time now, as there is still a responsible part they can go after. OR they may see it as having a cosignor increases their chance of getting paid a deficit balance if they do end up reposessing.

        I'd say to stay in touch with them, and perhaps see if they'll change the payment due date to 2 weeks later-which would catch you up in a way.
        Most of my information is from personal experience or HOURS and HOURS of online research. When you're searching online, keep in mind there is no guarantee that the info is completely up to date, and your situation is unique from anyone else's. Do your homework, and consult with an attorney so you can make an informed decision.

        Comment


          #5
          CONGRADULATIONS ON THE DISCHARGE HOPE!!!!

          Been a long time waiting on it, huh!!!!!

          Keep us posted about the auto......
          Minny

          "It's amazing the paths that our feet sometimes follow in life".

          My suggestions are from "personal experience" and research only. Do not consider this as legal advice. Each bankruptcy case is different.

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            #6
            I am kind of aggrivated, because I was assured by my attorney, no problem, he would get the reaffirm papers in last Friday...

            I don't see it on pacer, is it possible they were stamped with a court date, and just haven't been uploaded on pacer, but would be dated prior to the discharge?

            I paid my auto bill on the way home today as planned... my next payment isn't due until March 17 now... So, no worries there, I am going to put it back on automatic withdrawl from my bank... I kind of wanted the account to rebuild my credit, but I do have student loans that aren't consolidated, so it looks like 4 different accounts, plus a cell phone... in a few days or so maybe I will start looking through credit offers and find one to use for gas only and pay off each month...

            We shall see, I guess it is not the end of the world if I keep current on the auto payment...

            Comment


              #7
              I'm kinda in the same boat as you Hope.

              We trompped around from Consult to Consult and finally thought we'd found an attny we were both comfortable with that we both liked. As much as you can like an attny I guess. Then we get the Breach letter from the mortgage Lender. I call the attny's office about what to do.

              Got to actually speak to the attny. Thought that was a real plus for him. We, on attny's advise hubby and I, that is, decide that since we won't make any profit, we'll just offer the Lender a voluntary, non deficit DIL. Attny says he'll do that for a $350 down payment, so I take him the money and the paperwork.

              That was a week ago.

              I don't like this one bit. I commented to Hubby today, I wondered if the attny thinks he has until the middle of March so he's gonna wait until then to do something. Hubby thought that was the case.

              I don't want him jacking around and waiting until the last minute. I want it done NOW!!

              If this is the way he's gonna do business, I may take my BK elsewhere. I know we'd loose the $350, but I'd gladly move on if we can find a "better" attny.

              I feel your pain, Hope!!
              Keep us posted about the car.
              Fingers crossed they let you pay late and you don't have quiet visitors in the night!!!
              Filed Ch 7 - 09/06
              Discharged - 12/2006
              Officially Declared No Asset - 03/2007
              Closed - 04/2007

              I am not an attorney. My comments are based on personal experience and research. Always consult an attorney in your area to address concerns related to your particular situation.

              Another good thing about being poor is that when you are seventy your children will not have declared you legally insane in order to gain control of your estate. - Woody Allen...

              Comment


                #8
                Yea me too... I am current now... as of 5:06PM...

                I just kept getting this wierd creepy feeling all day that I would walk out and my car would be gone out of the parking lot at work... that is of course after I realized that I was discharged yesterday and not under protection any longer... Oh I worry to much...

                I will keep it current from now on for sure, but it still stinks to lose that good account... I have had my car for 2 years now, and never 30 days late... now all that will vanish from my credit history as IIB...

                I did just apply for Orchard Bank's credit card, and they said I would most likely be approved for the $39 annual fee card, and I will hear in 7-10 days.... So I guess that with my student loans and cell phone, will be a good start.

                I have credit monitoring and it says 656 of course that is not the FICO score, so it could be as low as 606 since sometimes the FICO run as much as 50 points off... Heck, I am just excited to be in the 600's!

                I just wish I could go back and eat healthier, so that my gallbladder didn't attack my liver function in my 20's, and have me in the hospital for 2 weeks without a paycheck... I guess live in learn.... I want my perfect credit score back, and life to be back to "normal"... it is amazing how fast things can fall apart... June I was fine, healthy, and on the right track in life... July comes and the rug is pulled out from under me...
                Last edited by HopeinHorizon; 02-28-2006, 06:57 PM.

                Comment


                  #9
                  Go back to the Orchard site in a few days, you should be able to check status.
                  Most of my information is from personal experience or HOURS and HOURS of online research. When you're searching online, keep in mind there is no guarantee that the info is completely up to date, and your situation is unique from anyone else's. Do your homework, and consult with an attorney so you can make an informed decision.

                  Comment


                    #10
                    I will, does anyone know if they deny at all on the website or does everyone get all the way through the application...

                    I am kind of excited to think I will have a way to rebuild... I am going to purchase all gas on it, and then pay it off each month, watch my credit, and then try to open a no annual fee card at that point...

                    Staci... I have seen in a lot of threads where you talked about your path, can you post a little timeline from discharge to now and when you got certain cards... if you knew approximate credit score that might help me to decide who to apply for next... I just don't want a lot of deny's on my credit either driving my score down...

                    Thanks in advance!

                    Comment


                      #11
                      Hope, I sent a bit of an essay to your PM, LOL.

                      The short story follow:

                      09/05 filed BK.
                      10/05 opened Orchard & Crown Jewelers
                      12/05 discharged
                      1/05 opened Target
                      2/05 opened Providian (approved last week-I nearly fell out of my chair on that one)

                      Next stop: check credit scores again in a month or 2, and wait until the mid score is over 640 for my mortgage. Hoping for August, but I'm certain it can happen this year.

                      BTW, I started cleaning things up in October. Still have some issues w/ how things are reported on EX, but they aren't BK related. (Old accounts.) Getting the easy, low limit accounts reporting is a way to show credit responsibility, and gradually building up a credit profile.
                      Most of my information is from personal experience or HOURS and HOURS of online research. When you're searching online, keep in mind there is no guarantee that the info is completely up to date, and your situation is unique from anyone else's. Do your homework, and consult with an attorney so you can make an informed decision.

                      Comment


                        #12
                        I probably shouldn't have, but from research, I also knew the CJ & Orchard would not report til December or later. I was very concerned w/ re-establishing ASAP because we're leasing a house & I'd like to get the mortgage on it this year.

                        Ours was a very simple, no asset no issue case. (Had we had more assets, we could have exempted them easily.) There was no reason to think the trustee would look at us again after he signed of.
                        Most of my information is from personal experience or HOURS and HOURS of online research. When you're searching online, keep in mind there is no guarantee that the info is completely up to date, and your situation is unique from anyone else's. Do your homework, and consult with an attorney so you can make an informed decision.

                        Comment


                          #13
                          pS-The next inquiry/application will be for a mortgage. Hopefully by August. The key factor will be getting at least 2 of my 3 FICO's over 640.
                          Most of my information is from personal experience or HOURS and HOURS of online research. When you're searching online, keep in mind there is no guarantee that the info is completely up to date, and your situation is unique from anyone else's. Do your homework, and consult with an attorney so you can make an informed decision.

                          Comment


                            #14
                            Basically, during the BK process your are not supposed to get new credit without approval of the Trustee...
                            Some do anyways.....

                            You can also get your case "dismissed" for doing this!!!
                            Minny

                            "It's amazing the paths that our feet sometimes follow in life".

                            My suggestions are from "personal experience" and research only. Do not consider this as legal advice. Each bankruptcy case is different.

                            Comment


                              #15
                              I was good... I didn't apply until I saw DISCHARGED!!!

                              Comment

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