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Does reaffirm hearing postpone discharge?

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    Does reaffirm hearing postpone discharge?

    We filed pro se in November and am thinking that discharge (assuming no other speed bumps) should happen around Valentines Day. Checked pacer and an ORDER was posted yesterday that the reaffirmation hearing (required because we are pro se) is scheduled for March 3rd. Does this cause the discharge to be delayed? Or is this specific in the manner that the discharge will be granted on time but excepting debts (there are three) relative to the reaffirm hearing?

    In the "for what it's worth" department, the ORDER states "Only 10 minutes have been reserved on the Court's calendar".

    #2
    Most reaffirm hearing are conducted before discharge....... and this is the way that its supposed to be.....

    Sooooo, I would say your discharge will not come till after the reaffirm hearing...........

    May be that the Court is just extremely busy in your area and its take a number and stand in line...............
    Minny

    "It's amazing the paths that our feet sometimes follow in life".

    My suggestions are from "personal experience" and research only. Do not consider this as legal advice. Each bankruptcy case is different.

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      #3
      What is a reaffirmation hearing?

      If you want to keep a house, or car, you need that to show them you can afford to maintain the payments?
      "Starting again is part of the plan"

      -Gloria Estefan

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        #4
        Joe, if you're pro se (filing w/o an atty) in a Ch7, you have to have a hearing for the judge to okay your reaff(s). If you have an atty, it is assumed that you have already been counseled as to the responsibilities conferred by the reaff, and the court pretty much accepts it automatically. The difference in a Ch7 is whether you file with or without an atty.
        Nolo Press book on filing Chapter 7, there are others too. (I have no affiliation with Nolo Press; just a happy customer.) Best wishes to you!

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          #5
          When does the reaffirmation hearing take place?

          I don't want to reaffirm, but want to state that on the petition, and have heard my lender does not sign those anyway. I also heard that if you indicate you will reaffirm then the creditor'lender show up at the 341? Also, if I state I intend to refafirm and the lender does not reaffirm, is there still a meeting?
          "Starting again is part of the plan"

          -Gloria Estefan

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            #6
            I was going to reaffirm my car, but changed my mind a few days before the 341. I don't think they will bother showing up. There are too many financial things happening these days, they would need to clone their reps at least ten times over to send them to 341s. Just my .02.
            You have to have the 341 regardless of what you want to keep.
            Filed November 2 2007
            341 Meeting January 4 2008
            DISCHARGED March 11 2008

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              #7
              We indicated the desire to reaffirm the three mentioned debts on the originally filed petition (filed on November 2nd). The only people that showed up at the 341 was the trustee, my wife and myself. No creditors at all showed up - even though we had expressed the desire to reaffirm.

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