Forum Rules (Everyone Must Read!!!) (updated: 04/28/2015)

Welcome to the Bankruptcy Forum. Bankruptcy (BK) Forum is known as and will be referred to as BKF hereinafter. In order to ensure a long term success of our vibrant community, we have established certain rules and guidelines to which everyone must adhere to. Please take your time to carefully read our rules, before you start to participate in the community.

Things you agree to do: (BKF) users agree to use the search function before starting a new thread. This prevents duplicate discussions and allows for better organized topics.

All BKF users agree to read the sticky posts which may be available at the top of a forum page. These Sticky posts often contain valuable information. They may also outline more rules and guidelines specific for that particular forum, stickies are put in place by that forums moderator(s) or admin(s).

Things you agree not to do:

All BKF users agree not to call people names or write a post simply to make a personal attack, or get a negative reaction; this behavior is not allowed on our forum. The use of derogatory language aimed at anyone will be severely dealt with. There is no need to agree with each other, or to even like each other. However, by signing onto you agree to treat each member and guest with the respect they deserve. No threats or personal attacks will be allowed.

All BKF users agree not to discuss, engage, or encourage any behavior or activity which violates the law. Discussion of drugs, violence, murder, theft, vandalism, fraud or any other issue which could be used to help individuals break the law is strictly forbidden.

All BKF users agree not to "bump" old threads, unless there is a specific benefit to the community by doing so. But in most cases, please don't post in very old threads, instead start new threads.

All BKF users agree not to attempt/use another members account. It is against BKF rules to use any account other than your own. Impersonating another member will result in an immediate ban. It is also against the rules to open more than one account in your own name without permission from a moderator or administrator. If you have been banned for any reason, it is against the rules to open another account. If you were banned temporarily and you are caught using another account you will be banned permanently. Choosing a moniker which is similar in either sound or spelling as a moderator or administrator is strictly forbidden.

All BKF users agree not to private message any moderator, admin, or other member with questions related to their personal circumstances (Questions about the forum or issues with the forum are ok). This forum only works when members share their experience and insights with everyone.

Things you agree not to post:
All BKF users agree not to post any derogatory/racist/or sexist remarks. This includes attachments, links and all information contained within posts, signatures, and avatars, failure to comply with this rule will result in a permanent ban.

All BKF users agree not to post any copyrighted or trademarked information without the express written permission of the owner(s) / proper citation of source.

All BKF users agree not to post any real names, addresses, telephone numbers, email addresses, social security numbers, or any other personal details (their own or other people's).

All BKF users agree not to post links, pictures, attachments, videos, or the like of pornographic content, objectionable material or extreme violence, whether cartoon or real.

All BKF users agree not to use BKF for advertising purposes without a written contract between yourself/company/agent and the administration of BKF. Blatant advertising will result in a ban.

All BKF users agree not to spam the forums. Spam includes but is not limited to posting erroneous, non-relevant-useless, off-topic, or meaningless posts. Spam may also include posts which contain no text, or large areas of blank space between lines. Simply posting emoticons without text is considered spam. BKF is the largest bankruptcy message board and all the content is intended to help other users. Please help us improve the quality of our forum by making sure that your posts are well-worded, spell checked, grammatically correct and syntaxed.

Regarding actions of moderators and administrators:

The forum is no place to air out your opinion or be judgmental of our staff and its capabilities.

All BKF users agree not to abuse or mistreat moderators or administrators. It is against BKF rules to post any information regarding bans or any other action taken by a member of the moderating or administrative team. If you wish to discuss bans or warnings please do so via PM. To place a complaint against a moderator, send a PM to a super moderator. All Moderators are equal, any decision made by a moderator must be adhered to. If a moderator tells you something you do not like, do not go to another moderator looking for a different answer. If you are caught doing this you will be banned. The moderators work as a team and respect the decisions made by their peers and will help enforce them unless an administrator tells them differently.
If you have an issue with how the forum is run, then notify one of our administrator and we will look into the situation. We have in the past and still do appreciate any input that you offer this forum. But critical input and/or judgmental postings towards the staff will result in you getting banned.

Should you find a thread offensive or out of line, then notify a Mod in a PM so they can evaluate the situation and do the action deemed necessary.

All moderators do have active "other" lives outside of the forum and help moderate this forum in their spare time throughout the days and weeks.

If you have a problem with a member or Mod follow the proper channels of reporting it.

BKF reserves the right to delete any posts which contain anti-BKF comments or discussion. Any bashing of moderators or administrators, or any of their discussion or actions will also be deleted, and the responsible posting party(s) will be banned. Any public anti-BKF advertising, communication, or posts on another forum will result in permanent bans as well.

All warnings and bans are decided by individual moderators and administrators. Warnings are preferable to bans however, for serious offenses and repeat abusers bans will go into effect. The length of the bans can vary from several hours to permanent.

All messages posted or sent including through PM are the property of

All BKF users agree not to advertiser on the forum (Niether by posting, private messaging or using your signature). If you are a company/attorney/legal adviser wishing to advertise on the site or sell a product, you must contact the head administrator and inquire about our advertising packages.

All bankruptcy related opinions expressed on are those of their authors and not necessarily of BKF, its staff or representatives.

You agree not to copy any material/post/content from BKF without written permission from our head administrator .

By posting on this forum you agree to these terms and conditions, including any punishment deemed appropriate by moderators or administrators in the event of an offense.

Administrators/Moderators can change these rules at any time without prior notice.
See more
See less

Repossessed tonight...signed reaffirmation agreement

  • Filter
  • Time
  • Show
Clear All
new posts

  • Repossessed tonight...signed reaffirmation agreement

    Good evening everyone....I have navigated filing pro se and we were discharged on 10/28. We signed reaffirmation as did the lender (Carmax) and it was filed with the court three weeks prior to discharge date. Tonight I was greeted tonight by a local repo man to pick up our car. I was surprised to see them here as we were waiting for some sort of bill or call from Carmax. Nothing ever came and they were on my list to call in the AM. We have the money to bring ourselves current, or to pay off the loan if necessary.

    Do I have any reason to worry? We're in Illinois and I've got five and a half hours until the office for carmax is open. We had no intention of surrendering the vehicle as we've only got 11 payments to go. Any advice would be great to ease my concern and repo-insomnia.

    Thank you in advance!

  • #2
    I have not went through BK yet, and I am sure someone else will offer info, but from what I have learned in my research...

    Even if you have reaffirmed something.... house, car or otherwise. You have to keep making your normal payments, regardless of if you get a statement or not, as some creditors view sending a statement a violation of the automatic stay.


    • #3
      My guess is that you will have to pay the loan in full, including all repo fees, to get the vehicle back - but maybe you can cut a deal with the lender. How far behind were you? Remember, the fact that you reaffirmed (assuming the Court signed an Order approving the Agreement) means the debt was not discharged and, if you don't pay it, the lender can and will sue you for the deficiency.



      • #4
        Your got the proverbial "pro se screw" Now that "free" bankruptcy you thought was a good idea will cost you thousands of dollars, all of which could have been avoided by an investment in a qualified attorney.

        As has been pointed out, you needed to be making your payments and ideally get caught up prior to filing BK and during the BK.

        Too, if you were behind on payments going into the BK or stopped making payments during the BK, unless the reaffirmation agreement specifically stated that the account would be deemed current as of xxxx date (basically, the reaff needed to say something about any missed payments.

        As desp points out, you will probably need to pay the balance in full or cut a deal, unless there is some language in the reaff about you being deemed current for any missed payments at the time.

        Now, if you have been current on payments and weren't in default, you need to get your butt to BK court and file stay violation proceeding (unfortunately, there are no "forms" for that type of action).

        If you you were behind on payments, if the reaff did not deem you current, and you don't have the money to pay the loan and costs to get the car back, then get your butt down to BK court and rescind the reaffirmation agreement, I believe you have 60 days from the date the reaff was "filed" with the court to rescind.
        Last edited by HHM; 06-04-2012, 08:25 AM.


        • #5
          This post was from November. Too late for rescind the reaffirmation agreement. But, in case it is still useful to the OP or others who come across this thread, the OP said the reaffirmation agreement was filed, but doesn't say it was approved by the court, which is required for a pro se debtor. So, the OP should check to make sure the reaffirmation agreement was approved by the judge.
          Last edited by LadyInTheRed; 06-05-2012, 01:40 AM.
          LadyInTheRed is in the black!
          Filed Chap 13 April 2010. Discharged May 2015.
          $143,000 in debt discharged for $36,500, including attorneys fees. Money well spent!


          Unconfigured Ad Widget