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    #1

    Re affrim

    Hey guys

    I filed pro se bk7 Jan 6
    creditors meeting Jan 30
    so I'm on the road to recovery! Everything was smooth until I got reaffirmation documents from my CU years ago. So the total is 347.00 smh and they want me to pay $50.00 a month. I DO NOT WANT to reaffirm. My question to someone who knows Should I send in document in stating that I do not want to reaffirm OR should I just leave it alone.

    Oh and I checked pacer and they haven't filed anything with the courts
    Tags: None
    #2
    Do you have any other loans or accounts with this Credit Union (CU)? If not, then there is no reason to reaffirm a debt if it's dischargeable not going to affect your personal property (such as a car). There's absolutely no reason to reaffirm with a CU unless you need to remain a member.

    If you do not want to reaffirm, you just don't do anything. From what you write, you didn't even list the debt in your schedules and certainly nothing on your Statement of Intentions. As an aside, you may want to update your Schedule F to include this unsecured debt to make sure it discharges without any issues.
    Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
    Status: (Auto) Discharged and Closed! 5/10
    Visit My BKForum Blog: justbroke's Blog

    Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

    Comment

      #3
      Originally posted by justbroke View Post
      Do you have any other loans or accounts with this Credit Union (CU)? If not, then there is no reason to reaffirm a debt if it's dischargeable not going to affect your personal property (such as a car). There's absolutely no reason to reaffirm with a CU unless you need to remain a member.

      If you do not want to reaffirm, you just don't do anything. From what you write, you didn't even list the debt in your schedules and certainly nothing on your Statement of Intentions. As an aside, you may want to update your Schedule F to include this unsecured debt to make sure it discharges without any issues.
      No I don't have anything attached to this CU I banked there 3 years ago. Account was closed due to over draft fees. i.e 367.00

      So what's best is to leave the letter alone since I don't want to reaffirm; I don't have to send them anything saying I object to the affirmation?
      Last edited by grahamm; 03-08-2016, 07:18 AM.

      Comment

        #4
        No, you don't have to do anything. The debt can't be reaffirmed unless you sign the agreement and it is filed with the court.
        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!

        Comment

          #5
          They are actually trying to get you to reaffirm overdraft fees??! Why would anyone agree to such a thing?

          Comment

            #6
            Originally posted by bcohen View Post
            They are actually trying to get you to reaffirm overdraft fees??! Why would anyone agree to such a thing?
            Believe it or not, some banks, creditors, attorneys and even Trustees prey upon the unrepresented pro se debtor. Maybe "prey" is a strong word, but that group tends to think a Pro Se person does not know what they are doing. If this debtor actually had other debt at the CU, such as a car or a home, then it may make sense to reaffirm to keep the relationship... otherwise, this is baloney.

            I even had one creditor attorney waste his client's money because the attorney was absolutely wrong (on PMSI versus non-PMSI on a refinance even when the documentation that was submitted with the claim said it was both non-PMSI and a refinance from another lender). I guess they think the Pro Se doesn't know the laws and the differences, but I made mention to this particular creditor's attorney that they were wasting the creditor's money!

            Nothing stops any creditor from sending a "reaffirmation" agreement in a Chapter 7. Hopefully the smart Pro Se finds out if they need to reaffirm.


            Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
            Status: (Auto) Discharged and Closed! 5/10
            Visit My BKForum Blog: justbroke's Blog

            Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

            Comment

              #7
              Ok thanks justbroke andd YEs bcohen They are trying to make me pay overdraft fees. Its stupid!!

              Comment

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