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    What would you do?

    I got a quick question for you, I was just interested in somebody else's opinion on this matter. I need to let my CU know tomorrow if I am going to reaffirm a motorcycle I have with them. The motorcycle is valued at around $5000, probably more realistically $4000 to $4500 on Ebay. I owe the CU $2800 on it, but I also have a Signature loan with them for $1800. Of course the loans are cross-collateralized, so I can't reaffirm just the bike.
    We had made up our minds that we were giving the bike back, but a representative from the CU showed up at our 341. She was very, very nice about it, she was there to see if we were going to reaffirm the bike or not. She offered to rewrite both the loans for 4 yrs. at 0% interest. That would make our payment somewhere around $96.00 for 4 years. She made her case with us by telling us that after the bk it would be very hard to find someone to bank with, and if we reaffirm the loans then they would be happy to continue to serve us. She said if they sell the bike and come up short, then we would not be allowed to do business with them. I asked her straight out about how it would affect us doing business with them after the bk. She said, according how bad it affects our credit scores, if our scores go really low, then they will continue to do business with us but we woulld have to pay higher interest rates.
    It's not really the money, I think we could afford this after we get discharged from our bk. My wife really wants to reaffirm this so we can continue to do business with them, and I really don't care since I don't ride it very often at all.
    So what do you think? Should I let the bike go back and take my chances with finding a bank to do business with? Or should I keep the bike and if I get into a financial crunch take my chances at selling it?
    Does this really make good sense to keep the bike or did the polite lady from the CU do a good job on us?
    One last question, we told the trustee that we were planning on reaffirming the motorcycle loan. Would it matter, or would he even know. I'm sure he doesn't have any idea about both loans being cross-collaterized.
    Thanks
    Last edited by Dennis1971; 07-29-2008, 03:08 PM.

    #2
    I'd let the nice lady sell the bike and do the best she can with the price. I'd not drag any debt through bk.

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      #3
      I look at debt in terms of the total and not the monthly payment. Any opportunity to be less in debt is one I would take. I'd keep the motorcycle if it was needed for transportation, otherwise I'd part with it.

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        #4
        Tell her yes to the re-aff to buy some time, put the bike on Craigslist for $5000 grand or so and see if you can sell it. If you get a buyer for $4500 or so. Sign the re-aff and turn around and sell the bike and make a quick $500. If there are no takers, then just let her know you changed your mind.

        Good Luck
        Disclaimer: I am not an actor on TV, but I play a BK Paralegal in real life. Nothing I say should be construed as legal advice, or really anything but entertainment. Please seek out professional help.

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          #5
          Before you reaffirm check woth local banks and other CU's to see what they say about doing business with you after bankruptcy. Also if the bikes are worth more than you owe, can you realistically sell them for the combined value of the sig loan and what is owed on bikes? If you do try to sell you would need to pay off BOTH loans before they'd release the title to the bike. First I would check with other banks and CU's about switching and see what they say. I don't think it will be as hard as the "polite" CU lady said it would be.

          DB
          Chapter 7 filed 3/31/08
          341 5/12/08
          Last day for objection 7/11/08
          AUTOMATIC ORDER DISCHARGING DEBTOR 7/15/08 :yahoo::yahoo:

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            #6
            I agree with Keepmine, let the CU sell the bike and get a fresh start. I think "the nice lady" is trying to scare you into reaffirming the loan/bike. With the economy the way that it is and with the amount of people filing BK, there's got to be another banks that are BK friendly....

            Good Luck!
            May 2008 Hired 1st Attorney/Stopped paying CCs
            May 21, 2009 Retained 2nd Attorney
            May 28th - Filed for Ch 7 (FINALLY!)
            9/11/09 - DISCHARGED!!!!

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