If there are no reaffirmations on pacer

[brokejoker]

We signed reaffirmation agreements on both of our cars. Neither is listed on Pacer. Should I assume that these never got filed by the creditors and our reaffirmations aren't valid?

[winterheart]

Good question, I am in the same boat. Reaffirmations sent nothing in PACER nothing from my attorney.

[tcreegan]

Hi brokejoker,

You are on the money, if the reaff didn't get filed and approved b4 discharge, it is not valid.

Hi winterheart,

Not sure if you are discharged yet, if you get discharged w/o the reaff getting filed you are in the 'not valid' boat too.

Tom in Colo

[clc08]

Asking for more information about this. What does it mean? We are about to file 7 and have been maintaining our car payments and plan to keep doing so. Our car loan is with Honda and has never had a late payment. Husband called Honda and tried to get information about whether or not they would reqiure a reaffirmation and got nowhere and was told he could not speak with bankruptcy dept. because we haven't filed yet.

If it isn't on Pacer, does that mean a person can't keep making the payments and keep the car? Or does is mean you keep your loan as is and no affirmation is required? Sorry to be clueless about this, but I'm not even sure what "Pacer" is.

Thanks............

What do you mean "You are in the 'not valid' boat?" Thanks..........

[winterheart]

but I'm not even sure what "Pacer" is.

No need to feel clueless we all are at some point So PACER is a website you can go on to see status updates on your case.

Our attorney told us on a car if you intend to keep your lender has a right to affirm, however the judge may decline it. From what was explained to us that's what we want, for the judge to decline it so we can "ride through". The gist of it is that as long as we make our payments they let us keep the car. The reason you want the judge to deny the reaffirmation is that if you can't make the payments for some reason then the debt is still discharged and the lender can't come back after you for the money owed. If the reaffirmation sticks and is approved then if you stop paying for any reason you are back on the hook for the loan. Hope that makes sense.

[brokejoker]

I'll explain a little more...

We planned on keeping both our cars and wanted to sign reaffirmations and reobligate ourselves to the loans after BK. We wanted to sign because we have equity in both vehicles, they are newer model years, and we are comfortable with the payments. We signed the agreements with our lawyer at our 341. Someone on here had asked about the creditors signature on the reaffirmation and I got curious and went back to PACER to check our reaffirmations. They don't appear anywhere on our case. Since our case is now closed I'm going to assume that either the creditors didn't file them in time or the reaffirmations were rejected by the BK gods. Either way we're still paying on the loans and we still have the cars. Neither creditor is planning on repoing them, they are both willing to let us retain and pay. (I called to make sure.)

It's just an added security for us. If for some reason we can no longer pay for the cars they can go back and we won't be held liable for any deficiencies. Good enough for me!

Like winter said above, PACER.gov is the website you can go to and get constant updates on your case. There is a sticky at the top of the forum that explains it fully. I loved PACER since I always knew what was up with our case.

[clc08]

Ok, now I get it. Thanks. It's amazing how my mind can imagine the absolute worst scenario in just about every situation. It's so nice to be able to ask questions here and get help. Really appreciate it.