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    The judge?

    I'm used to hearing stories about the Trustee on this site, but my attorney now keeps referring to the judge when discussing how my case will be reviewed. And I know he means Judge because he left me a message saying "When we meet the trustee...I mean, the judge." I forgot to ask when I spoke with him yesterday why there is now a judge involved?
    I think it may be because I plan to reaffirm my vehicles but I am negative on my schedule J? My attorney keeps telling me that the judge will want to know how I am going to make my car payment when I can't balance my budget on a monthly basis.
    Maybe it is because I am a borderline 13/7 case...I only barely pass the means test, but have a horribly negative J. I'm even "fudging" the numbers now to show less expense than what I actually spend to try to avoid the wrath of the judge. My attorney says the judge is just trying to keep me out of more trouble...might be true, but I almost have my cars paid off so I don't want to give them up! I've been paying for years.

    Has anyone had a situation like this? Any ideas on how I should handle this? I suspect this type of situation has been seen before on the forum.
    Thanks,
    Lefty
    Filed Ch 7 - January 29th, 2008
    341 - February 29th, 2008
    Discharge - June 20th, 2008
    Closed - October, 2008

    #2
    Your bankruptcy court judge is going to review your reaffirmation agreement to make sure you can support what you are going to sign. As your lawyer said, you will have to explain to the judge exactly how you are going to afford to keep the asset and sign to make yourself responsible for the full amount of the loan if your expenses are consistently more than your income after you've stopped paying your non-secured creditors.
    I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

    06/01/06 - Filed Ch 13
    06/28/06 - 341 Meeting
    07/18/06 - Confirmation Hearing - not confirmed, 3 objections
    10/05/06 - Hearing to resolve 2 trustee objections
    01/24/07 - Judge dismisses mortgage company objection
    09/27/07 - Confirmed at last!
    06/10/11 - Trustee confirms all payments made
    08/10/11 - DISCHARGED !

    10/02/11 - CASE CLOSED
    Countdown: 60 months paid, 0 months to go

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