Reaff holding up discharge?

[caffine]

Hi everyone! This forum has been so helpful to me and I really appreciate everyone's help!

I've been in "awaiting discharge" for almost 100 days now, and was hoping for some help...

Here are the important dates and info:

11/2 filed
12/10 341 meeting
1/26 Reaffirmation filed
2/5 objections to discharge due

There was a 2nd 341 meeting scheduled in error, which still shows up on the schedule/deadline with no satisfied or terminated dates, which does seem strange. Also, there is no satisfied or terminated dates on the "objections to discharge due" item. My attorney has assured me many times that the only thing holding things up is the reaff... there is a REAFF flag on the account so it kind of makes sense to me.

I've asked him to follow up with the clerk a couple of times now, and they always tell him it's the reaff holding the discharge.

At this point, I just want this to be done... should I cancel/rescind the reaff to move things along? (and then just let the car "ride" by making payments?) If so, how do I do that? I have a feeling that the reaff will be denied anyway, based on the schedules and it could cause hardship.

Please let me know your thoughts. Thanks!

[lrprn]

What exactly about the reaffirmation is holding things up? Did your creditor not sign it or after signing rescinded their signature?

Can you tell us why you decided to reaffirm and what asset it's for? (A car? A house? Something else?)

[caffine]

Thanks for the quick reply!

This is for a car. It is through a credit union and I am represented by an attorney, so I thought it would be automatic, but apparently the judge is reviewing all reaffs. To my knowledge, it is held up only because it's waiting to be reviewed and then approved or denied...

Since my disposable income is in the red, and it's a pretty heavy payment and an upside-down loan, I'm pretty sure it will be declined since it was not automatic...

[caffine]

anyone? I'd really appreciate some help...

[jdmc1973]

I was upside down on my car, -$300 on my disposable income and several thousand above the median on the means test. I filed Ch7 and though there were some bumps along the road, i.e. the trustee asking for more documentation. The reaffirmation wasn't even filed until a day after my 60 day objection period had passed. I thought that might hold up my discharge, but a day later my case was discharged and closed. Maybe it has to do with where you're located or the judge may be challenging the reaff.

[caffine]

thanks! do you think that if I rescind my reaff, it will move things along faster?

[jdmc1973]

Now that I don't know, maybe one of the moderators would know.

[Cali]

If you are in the red with the car, why not let it go and get something cheaper?

[CindyLou]

you could call the clerk yourself and ask......can't hurt

[rfassett]

I agree with cindylynnsmith, take control. Call the clerk yourself and get the answers you need. As much as we would like to rely on the attorney, because that is the job you paid him for, the ultimate success of your bk rests on your own shoulders. As to rescinding, I don't know if it would speed things along, but it sounds like it would make perfectly good economic sense to let the car go - even if it adds MORE time to the bk. Just my thoughts!

[PaKettle]

Yeah, I don't see why you want to reaffirm on a car you are upside down on.
I'd not reaffirm, and get another car - one you can afford the payment on.
Make sure to read the books and articles on how to buy a used car, it can save you a lot of money and hassle if you handle it the right way.
Good luck!

[caffine]

Thanks again everyone! The reaff finally cleared yesterday, but after doing some thinking and reading the great comments here I think I'll rescind it. I'll probably let the car ride for now, at least until finding something more economical. It's through a credit union... does anyone know if, in california, credit unions will repo if you don't reaffirm or if I cancel the reaffirmation?