Question on latest time to file motion to redeem auto, old law

[familylinc]

Illinois,
We had our 341, settled the Tax Refund question on 03/21/06, now waiting on discharge. I have tried to contact Bankruptcy.com (authorized representative for Hsbc Auto Finance) to reaffirm my auto. I have tried for 3 months and they will not respond. The trustee said it is possible for them to come and get the car even if my payments are current when the stay ends.

1. Is it too late to file a motion to redeem the auto?

2. When does the automatic stay end to where they can take the auto?

3. Can a reaffirmation agreement be filed without the creditors signature on it?

[Minnymouth]

You have to reaffirm before discharge.

They can take the auto anytime after discharge. Or after their stay has been lifted.

The creditor has to agree and sign the reaffirm also.

Check with your attorney and see what he can work out for you real quick if you want to keep it.

[familylinc]

redeeming auto

I was wondering if you can file a motion to redeem up until the discharge?

[Minnymouth]

Normally this is done before you go to te 341 meeting and then it is signed at the meeting or before the discharge. If no offer of reaffirm has been made and you want to keep the vehicle, you can just keep paying on it. As long as you make timely payments they will not come get it.... but miss a payment and they will.

If you don't sign the if you turn it back in later, or they take it for a missed payment, then you won't owe any balance on it because it was included in the bankrutpcy.

Some companies will let you do this, others require the reaffirm agreement.