Reaffirmation Question

[KCane28]

I checked pacer and noticed that one of our reaffirmations is going to a hearing, this is what it said......
Reaffirmation Agreement Between Debtor and American Honda Finance Corp.- Attorney Certification is Attached- Filed by *** (To Be Set For Hearing - Part D is blank).
I take it we are missing a form... If we send in the form do we still have to have a hearing? My Atty is on vacation and I haven't been able to talk to her.
Also .... if we don't reaffirm will could they make us an assest case since we will have $225 a month now.

[justbroke]

Is this loan with a credit union? Part "D" has to do with Credit Unions. You indicated that it's with America Honda Finance (AHF) which is not a credit union. (I'm thinking that the reference to Part D is not important here.) It doesn't make any sense, unless your attorney marked the box that it is in fact a hardship for you.

If your attorney marked it as a hardship, then you must go before the judge to explain why it should be approved.

[debee]

Part D is where the debtor signs that they understand and it's not a hardship and they got the disclosures, blah, blah, etc, etc.

[justbroke]

Part D is where the debtor signs that they understand and it's not a hardship and they got the disclosures, blah, blah, etc, etc.

Yep, that's the part in "D". I wonder how the attorney missed it, or the fact is that it is a hardship and the box is checked.

Either way, it appears that there may be a presumption of hardship.

[debee]

There is a section in part D where you have an opportunity to provide a written answer as to how you will make the car payment. If that answer satisifies the court, it will put an end to the need for a hearing. For example, you might say you are only $80 negative and plan to juggle drycleaning and recreation bills until the car is paid off. Something like that.

Do you remember filling out part D for this (or your other) reaffirmation agreement? Do you have copies?

If you decide not to reaffirm, you don't become an asset case or suddenly have dmi. Your lender may be perfectly content to let you "retain and pay". Most do.

[KCane28]

Thanks justbroke and debee....