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    Upside down

    I've been reading with interest all of the various posts about reaffirmations on a mortgage. To summarize, should I expect any issues (either with the lender or otherwise) trying to do a ride-through on a house I am way upside down on?

    #2
    There is no 100% right answer to give you. So far at least the filers here at BK Forum who have chosen to ride-through (not reaffirm) on a home or cars have not had issues as long as the payments stayed current during and after their bankruptcy.

    Our lawyer advised that we not reaffirm our home loans or our cars in our situation and we did not. We're nearly two years into our Ch 13 and so far, so good.
    I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

    06/01/06 - Filed Ch 13
    06/28/06 - 341 Meeting
    07/18/06 - Confirmation Hearing - not confirmed, 3 objections
    10/05/06 - Hearing to resolve 2 trustee objections
    01/24/07 - Judge dismisses mortgage company objection
    09/27/07 - Confirmed at last!
    06/10/11 - Trustee confirms all payments made
    08/10/11 - DISCHARGED !

    10/02/11 - CASE CLOSED
    Countdown: 60 months paid, 0 months to go

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      #3
      We aren't going to reaffirm our vehicles, this was suggested by our attorney.

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        #4
        Thanks

        I thought reaffirms only applied to Chapter 7 cases?

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          #5
          I never reaffirmed my car when I converted from Ch13 to Ch7, but when I went to trade it in the same lender would not let me take out another loan with them! (Hyundai Finance), just an FYI.

          Catchmeifyoucan
          July 2006: Filed Ch13 :blink:
          Oct 2006: Converted to Ch7 :clapping:
          Jan 2007: DISCHARGED :clapping:
          Nov 2007: CLOSED :yahoo::yahoo::yahoo:

          Comment


            #6
            Originally posted by InSeriousDebt77 View Post
            I thought reaffirms only applied to Chapter 7 cases?
            No, both Ch 7 and Ch 13 filers have to decide when the they file whether to reaffirm/redeem/surrender (or choose the unwritten rule that so far most are taking - ride through and keep making payments on time).
            I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

            06/01/06 - Filed Ch 13
            06/28/06 - 341 Meeting
            07/18/06 - Confirmation Hearing - not confirmed, 3 objections
            10/05/06 - Hearing to resolve 2 trustee objections
            01/24/07 - Judge dismisses mortgage company objection
            09/27/07 - Confirmed at last!
            06/10/11 - Trustee confirms all payments made
            08/10/11 - DISCHARGED !

            10/02/11 - CASE CLOSED
            Countdown: 60 months paid, 0 months to go

            Comment

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