Reaffirmation Agreement Hearing

[UnderEst]

I filed for BK on 8/30/11 and attended my 341 meeting on 10/6/11. I now received a letter stating that I have a hearing regarding the reaffirmation agreement for my vehicle. My reaffirmation agreement was filled out properly and mostly would not be granted due to the fact it would create a financial hardship. Regardless, the date for the hearing is set on 12/8/11, but I will not be able to attend due to being overseas during that time frame for work. I've tried contacting the court to reschedule, but I don't seem to have that option in their automated system. I was on hold for over 2 hours for a live person, then I got disconnected, so I'm trying to research online as well.

On the letter I received, it mentions "Failure to appear may cause a possible delay with your discharge". What happens if I fail to appear? Delay sounds better than dismissal, but I don't want to be taking chances. And of course, failing to appear is not what I want to do, but I'm not sure what other options I have. I've contacted my lawyer, but since my 341 meeting, he hasn't been the easiest person to get a hold of and the assistants in the office haven't provided much help either.

What should I do? I want to make sure I exhaust all my options.

Thank you in advance.

[justbroke]

A reaffirmation hearing shouldn't delay your discharge at all. That may just be standard "text" is placed on all hearing notices. Did you try calling your Case Manager directly? You would call the Clerk's Office and ask for your case manager. The hearing will probably still happen and the reaffirmation will be denied.

I would redouble my efforts to contact the attorney. If you're calling him/her twice a day, now do it four times a day. Go to their office and sit there, if you have to. I don't think this is an issue at all, but you should talk with your attorney.

[UnderEst]

First of all, thank you for the quick response! Long story short, before filing for a BK, I researched and read reviews on several different law firms in my area and found the one I was most comfortable with. After my attorney attended my 341 meeting with me, I received a letter in the mail just 2 days after stating that he now left the law firm I was with and while he technically was still my attorney through the process, the law firm itself would be picking up my case. So I have kind of been tossed back and forth and to be honest, it's been a mess for me and several other clients. I can increase my calls and emails, but I don't want to rely on that.

As for the case manager, how do I find out who that is?

Am I in danger of a dismissal by not attending this affirmation hearing?

[justbroke]

You are not in danger of dismissal for not attending a reaffirmation hearing. The worse thing that happens at those is the reaffirmation being granted. (No, I did not make an error in that sentence... the best thing is for it to be denied!)

In any event, just call the Clerk's office and ask for who deals with your Case Number. Most Clerk's assign the Manager by the last two digits of the case number. Typically, you could find your Case Manager's direct line by looking at your Bankruptcy Court's telephone directory which is usually online!

[UnderEst]

Yes, I know I'd want it to be rejected just incase of future financial problems. I will attempt to contact the court clerk tomorrow. I only have about 8 payments left on the vehicle and the last few are probably a lot smaller than what my usual amounts are.

I did a little research on the judge assigned to my case and he finds this reaffirmation hearings a huge waste of time and money. I guess that's a good sign.

Thanks again for your assistance! I've been checking PACER as my case continues and everything looks good so far. It's been one heck of a journey!

[LadyInTheRed]

I received a letter in the mail just 2 days after stating that he now left the law firm I was with and while he technically was still my attorney through the process, the law firm itself would be picking up my case. So I have kind of been tossed back and forth and to be honest, it's been a mess for me and several other clients.

Either the attorney represents you or the firm represents you. Usually, you retain the firm, not an individual attorney (check your fee agreement). When an attorney leaves the firm, the client usually stays with the firm unless an arrangement is made to go with the attorney. It sounds like the attorney has an agreement with the firm that he will still handle your case as "of counsel", but that you will remain a client of the firm. So, if you are calling the attorney and not getting return calls, call his old firm and tell them. If you hired the firm and neither you or the firm have formally terminated the firm's services, the firm has an obligation to insure you receive adequate represenation. If the attorney isn't responsive, the firm should assign another attorney to your case.

All that said, you don't say how many times or how long ago you contacted your attorney about the December 8 hearing. December 8th may be a long way away as far as the attorney's calendar is concerned. He may have more urgent matters he has to address first. So, before you call his prior firm, make sure you've given him enough time to respond. If it's been more than a couple of days, call again and tell whoever answers the phone that you have left messages and sent emails, but have received no reply and ask how long you should expect to wait to hear from him. If he doesn't contact you within whatever time they say, call again in the morning and tell the person who answers the phone that if the attorney doesn't call you by the end of the day, you will have no choice but to call his old firm for assistance. If that doesn't get him to call back, call the firm.

ETA: If the reaffirmation is denied and your car payments are current, the finance company is not likely to repossess your car. In fact, I am not sure they legally can.