Reaffirmation hearing

[onlycashnow]

On PACER, there is a form that says there is a court date for 2/9/09 for a reaffirmation hearing. So, is this normal? Is this something I need to attend? Anyone know anything about this?

[justbroke]

On PACER, there is a form that says there is a court date for 2/9/09 for a reaffirmation hearing. So, is this normal? Is this something I need to attend? Anyone know anything about this?

If you did this with a lawyer, your lawyer will attend. Generally you don't need to go to this, as it's over in a few minutes. (If you filed pro se, you need to attend in order to defend the reaffirmation.)

For any reaffirmation, a Judge needs to hold a hearing to determine if it's in your best interest to reaffirm the debt.

This is standard procedure.

[onlycashnow]

Thanks for the quick reply. We filed pro se, so I guess the wife will be taking another day off.

[justbroke]

What are you reaffirming? You may want to call your case manager and ask if you need to attend if it's for a mortgage.

From another case, but this was on a credit card.

pro se debtor, a reaffirmation agreement is not effective until approved by the court (unless the debt is a consumer debt secured by real property).

[JRScott]

Thanks for the quick reply. We filed pro se, so I guess the wife will be taking another day off.

Yes if you are pro se you will need to attend the hearing.

[B65]

does anyone know

what if the hearing is not inside your 60 days... can this delay discharge?

[bkchap7filer]

Just a comment on something Justbroke said..... there isn't always a hearing, right? The way I understand it, if an attorney is used, then the attorney has the opportunity to attest to it being an undue hardship or not and undue hardship. If the attorney attests that it is NOT an undue hardship, then the judge still has to rubber stamp it and has the right to hold a hearing, but typically doesn't. However, if the attorney says it is an undue hardship or doesn't indicate either way then the judge will hold a hearing to determine harship level. Of course, pro se filers always have a hearing as there was no attorney to attest.

Is this right? This is the way I have read about it and also the way my attorney stated it, but I was confused by justbroke saying that there is always a hearing in the case of reaffirmation.

[justbroke]

Is this right? This is the way I have read about it and also the way my attorney stated it, but I was confused by justbroke saying that there is always a hearing in the case of reaffirmation.

Right... if an Attorney signs the re-affirmation and attests that you can afford it and it's not an undue hardship, you probably won't need a hearing. The hearing seems to only be when the Attorney doesn't sign it, or you are not represented by an Attorney to start with. Some Attorneys won't sign them.

A judge may also decide to hear an individual re-affirmation agreement for cause. For example, the lawyer thinks it's an undue hardship. Hopefully, you're in lock step with your lawyer. However, nothing would stop the Court from asserting that it's an undue hardship and holding a hearing anyhow... even with your lawyer signing the re-affirmation agreement and stating that it's not a hardship.

If you are pro se, then there will always be a hearing on the matter.

Sorry to confuse. However, the judge won't always rubber stamp a re-affirmation.

[bkchap7filer]

Thanks for your response...just wanted to make sure I wasn't off my rocker!

[justbroke]

Thanks for your response...just wanted to make sure I wasn't off my rocker!

I updated it a little. A re-affirmation hearing could still be scheduled, even if your lawyer signs it and declares that it's not a hardship.

[albacore44]

Ride through

So if your planning a ride through, and a lender submits a reaffirmation agreement, are you still required to go before a judge ?? I'm a bit confused by all this. Most suggestons posted on this site are to "Not" sign a reaffirmation, just continue to pay on time and the property will not be seized or forclosed. so if thats the case, why would you have to go before the judge ??

[B65]

i am confused as all he**

I am just as confused, I had to check reaffirm on my petition, not knowing or being explained to by my lawyer fully what it was, i thought it just meant, keep paying. then we get the papers from Capital one for the car to reaffirm, then the lawyer sends me apaper saying we dont recommend reafirmations but either give up the car, pay lawyer $450 plus any court costs to negotiate and take it to the judge or go to the judge yourself.... great options...... not! so I am now 30 days in the 60 day club and my lawyers office said i need to go in and decide what to do, because i said reaffirm on the petition i need to do that or amend it to surrender... the judge will never sign the reaffirm so looks like i will have to amend to surrender.... I am at a loss...looks like lawyer is not happy me doing a ride through.......

my head hurts and i am losing sleep with all this bullc***