Reaffirmation

[special111]

Just a quick question I am approaching my 60 day wait prior to discharge. Only to find out that there is a court hearing on 3/23 for reaffirmation of vehicle. Will this hold up the discharge?

[justbroke]

A reaffirmation hearing is usually held before the discharge (since the debt may need to be discharged). Many judges deny reaffirmation agreements which allow the debtor to "ride through" by continuing payments without fear of repossession.

The reaffirmation hearing is typically pretty quick. Since you're having a reaffirmation hearing I assume that you filed Pro Se. The reaffirmation hearing is required because a judge must review a Pro Se's election to reaffirm a debt. If you're lucky, the judge will deny the reaffirmation. That way, you keep the status quo and just keep paying ("ride through").

Best wishes.

[LadyInTheRed]

I see from a prior post that special111 does have an attorney. The attorney probably did not certify that reaffirmation would not be hardship, hoping that the judge will not approve it. In an another post, Des cited case law indicating that in speciall111's state, signing the reaffirmation agreement satisfies the debtor's obligation to follow through on the stated intention, so should avoid repossession, even if the reaffirmation is not approved.

Note that 60 days is the deadline for objections to discharge. It is not necessarily the discharge date.

[special111]

Thanks LadyInTheRed and justbroke. I do have an attorney and from what she says the reaffirmations will not be approved so I was unclear what court date was about. I assume at that time the judge will say not approved and that's fine. After speaking to my lawyer it sounds like an intent to reaffirm should avoid repossession. Thanks for feedback

[justbroke]

This all makes sense. I forgot that the debtor's attorney may have not certified that it wasn't a hardship, and then it goes to a hearing.