My Van....

[freshstart06]

Since I am filing Pro Se, I am not sure what to do about keeping my Van. I am current on my car note but do I need to send them a form to sign in order to keep my van or do they send something to the courts???

I have not even notified them of the BK but I am sure the know because one of my credit card companies just cancelled my card and I was current. No big deal it wasn't a high credit limit.

Please let me know, with a family of 6 I need my van LOL,

By the way, I have gotten two credit offers after the filing, isnt that unusual???

[JollyGG]

You need to call the company that holds your car note. Ask for their bankruptcy department. Once you get to speak to a person there tell them that you want to reafirm you loan and request the form from them. Ask them if they will file that or if you need to. Different companies have different policies about that.

[BKTango]

Since you are filing pro se you are responsible for sending all of your creditors (ones that are being discharged and the ones the won't) notice of your bankruptcy, and when you get the date for your 341, it's your responsibility to send that information out. Basically you have to take care of it all. In regards to the van you need to contact the lender, assuming they have received your filing notice from you and let them know what is going on and that you would like to reaffirm the vehicle (if you are) ask them to send you reaffirmation forms (or in some cases you will have to get these yourself) anyway....you sign them, then send them back to them, they sign them, either you or them will then file them with the court. Make sure it is filed with the court. This has to be done before your discharge date if you intend on reaffirming.

On a side note, alot of times it is not worth reaffirming a vehicle depending on it's age, the value, and the amount still owed on it. That is a decision you have to make for yourself since you are pro se. Also since you are pro se you will have to go before the judge and let the judge decide whether it is in your best interest to reaffirm or not. If they decalre it's not, then you can't reaffirm the vehicle.

[rilbrianne]

doesn't the court send out the notices via the matrix provided to them by the debtor? Correct me if I am wrong...

I agree, contact the lender and inform them that you will be filing but will be reaffirming the vehicle and continue to make payments. At least they will know what you are doing and will be aware of your intention...

I am filing Pro Se too and I hope all goes well for you

[wrktwoliv]

The vehichle load holder will send the agreement.

you should receive the reafirmation agreement from the lien holder of the van. They send it to you, you sign and then they file it with the court. If you are too upside down in your schedules the court could decide to not approve it. But according to 524(f) of the code you can pay any debts voluntarily, 524(f) trumps the new statues dealing with reaffirmation agreement . If you are current on the note, I can't imagine a lien holder not allowing you to keep the vehicle. The key would be to get them to report it has current and IIB. Make sure you get the agreement early. Ford sent my agreement 1 week before discharge and their stupid attorney didn't file it before my case closed.

[BKTango]

doesn't the court send out the notices via the matrix provided to them by the debtor? Correct me if I am wrong...

I agree, contact the lender and inform them that you will be filing but will be reaffirming the vehicle and continue to make payments. At least they will know what you are doing and will be aware of your intention...

I am filing Pro Se too and I hope all goes well for you

You are right, my mistake, the court does notify the creditors.

[freshstart06]

I was just told that since I am current they will send me the forms to sign and I have to do nothing, but I think I am going to call to make sure they send those forms. I am almost done paying of that van, I have 7 more payments but it is older and has a lot of miles. We need the van, we just can't to out and purchase another one.

We do not have to go before a Judge, we only have to go to the 347 hearing. Tango, maybe you are speaking about chapter 13???

Thanks everyone for your advice. I am currently moving out today and cleaning tomorrow, it is such a relief to have this part of my life over.

[freshstart06]

Just called the finance company, that was easy, everything is now taken care of.

[JollyGG]

We do not have to go before a Judge, we only have to go to the 347 hearing. Tango, maybe you are speaking about chapter 13???

Actually BKTango is correct you will have to go before the judge for a reafimation hearing as you filed pro-se.

If you had a lawyer he/she would sign a form saying that they feel that a reafimation does not pose an undue hardship on you and that you are aware of your rights and responsibilities as pertaining to reafirmation.

As you are pro-se you will have to go before the judge to determine that reafirmation does not pose an undue hardship on you and that you are aware of your rights and responsibilites as pertaining to reafirmaiton.

The form for this will be in with the reafirmation paperwork you will get from the lender.

[BKTango]

I was just told that since I am current they will send me the forms to sign and I have to do nothing, but I think I am going to call to make sure they send those forms. I am almost done paying of that van, I have 7 more payments but it is older and has a lot of miles. We need the van, we just can't to out and purchase another one.

We do not have to go before a Judge, we only have to go to the 347 hearing. Tango, maybe you are speaking about chapter 13???

Thanks everyone for your advice. I am currently moving out today and cleaning tomorrow, it is such a relief to have this part of my life over.

Freshstart in filing pro se, there is a required court hearing before the judge on any reaffirmations. Those that file with a lawyer, the lawyer puts his/her name on the line by signing the document stating that reaffirming the debt puts you under no stress/hardships. Because you are not represented by an attorney, the judge becomes the decision holder in that factor and makes sure you are also being treated fairly by the creditor. This hearing is different than your 341 meeting.

[freshstart06]

Well as long as I can keep the Van... I only have 6 or 5 more payments, I am not too worried about it, the payments are $360 a month. five payments will not pose a hardship. even with the payments gone we still pass the means test. The van is maybe worth $2000 so it is exempt. the paralegal that works for a BK lawyer told me I will be fine and most likely will not have to go before a judge, she has many cases like this and no one that went pro se went before a judge.