alright was just notified of my discharge on 2/24! but here is the problem my transmission just went on the car... am i able to still add the loan into the BK?... the BK is NOT closed yet but im sure that comes quick
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Did you reaffirm? If you reaffirmed, then you are stuck with the debt, and this is exactly why we don't prefer that people reaffirm any debt unless absolutely necessary.Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
Status: (Auto) Discharged and Closed! 5/10
Visit My BKForum Blog: justbroke's Blog
Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.
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Call your attorney and find out if you are within the timeframe to rescind that reaffirmation. (I can't remember but I think it is something like 60 days.)
I *hate* reading about this. I am so sorry this happened to you, but am grateful that you came here to ask about it and inform others. If anything it is an excellent example of why people should NOT reaffirm secured debt. The only thing you can do now is to save some money to have the transmission replaced and go on paying for the car or hopefully rescind the reaffirmation. Good luck to you.Filed Chapter 13 02/2006 - Confirmed 05/2006 - Discharged 09/2011
I'm not an attorney. My replies are merely suggestions or observations, not legal advice. As always, consult with an attorney before making any decisions.
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I didn't even think about that! Yes, you can rescind the reaffirmation within 60 days of signing it. If it's under warranty, see if the warranty covers it. If not, then you may want to rescind the reaffirmation and start looking for a new car.Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
Status: (Auto) Discharged and Closed! 5/10
Visit My BKForum Blog: justbroke's Blog
Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.
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Good call newbie2 !! I was thinking how hopelessly impossible it would be to amend, etc. Never once thought about rescinding the reaff...
... there's your answer greg, rescind !
Tom in ColoCh7 filed 5/12/2010.....341 meeting 6/30/2010....report of no distribution 8/15/2010.....discharged 10/01/2010.....closed 11/09/2010
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