Reaffirmation on my Vehicle question?

[Mark80]

I got a notice from one of my auto loan holders that I need to reaffirm to keep the vehicle. It states that I am negative 800 a month in income and if I do agree that I will have to explain to the judge on how I can afford to keep the loan.

I believe my filing paperwork put me at negative 32.00 so I am kind of confused on where this number came from.

Anyhow, obviously everything on my filing was pushed into the high end to squeeze into chapter 7, and if we stick to a budget we will make it. We really need two reliable vehicles and can't afford to lose one.

Since it states "I will" have to explain to the judge on how I can keep it, with my glaring paper work saying I really cant how am I suppose to convince the judge to allow me to keep the vehicle? I purchased it at the advice of my attorney to actually qualify for chapter 7 and because I was told I needed to reliable vehicles if I didnt get into a 7 for the life of the plan.

My attorney like i mentioned in other posts has become pretty much impossible to speak with since I paid all my fees and my court date is next wednesday.

Thanks!

[TEW]

does your state require you to reafirm. I think i read somewhere that ford credit does.

[Mark80]

I dont think we have a pass through law, if you want to keep your secureds you have to. My question mainly is, I want to and I know we will be ok to do so, infact we need our vehicles! I thought reaffirming was up to me, not up to a judge? Or does the judge just get to give his recommendation before its approved but I get to make the final decision.

Just freaked out that come next week I will be car less and home less!

[Mark80]

Sorry to bump this, but I am now 2 days away from my court date and my Attorney has not gotten back to me on it.

I really thought reaffirming couldn't be stopped by the judge, I can't afford to lose my vehicles at this point and want to keep both. My Attorney even suggested buying the second one so we would have two reliable cars incase I didn't make it into a chapter 7 plan.

This paper has me in the hole over 800 a month, although my filing paperwork has me in the hold only 35. It says I may have to explain to the judge how I think I can afford the car?

Does anyone know how this works or have any advice on what I need to say? I personally know with budgeting and the writing Job my wife has got offered that we will be ok. But I can't tell the judge my wife is going to start bringing in money?

[PoorAnnie]

Not an attorney but from what I read on here and else where is that when you reaffirm your atty. and a judge have to sign off saying it is ok for you to reaffirm the loan and will not place undo harm/stress on your finances.

That stinks about you atty not calling you back can you at least talk to the paralegal to ask them, usually they might know the answers to some of these questions.

[yeahdischarged]

Is there any way you can drag this out and not reaffirm? Our lender "required" we reaffirm, but then did not get the paperwork filed in time. While you do need 2 cars, you certainly don't need debt to follow you through you "fresh start". It might all work out in the end. Because our reaffirmation was not processed (at the lender's fault), we were able to give the vehicle back without recourse several months after discharge when it started to fall apart, needing very expensive repairs while only a few years old. Had we been reaffirmed, we would have been screwed in a big way. (Because it did not reaffirm, we were able to just continue making payments, otherwise known as a "ride-through".)

Now we own one car outright and another we got a small loan at 5.75% interest 1.5 years out of chapter 7. We were shocked at the low rate and how quickly we have been able to rebuild.

Oh, and YES a judge can and will deny a reaffirmation if he finds it to be a burden given your budget. The court is there to protect filers from making choices under duress/panic that would otherwise not give them a "fresh start". I believe everything happens for a reason and will work out even when we can't fathom it at the time.