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Here comes the JUDGE...........

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    Here comes the JUDGE...........

    Well I finally found out why we are on DAY 86 without a discharge. Believe me, my patience was running out.

    My attorney called me this morning and told me that the Judge on my case has set a hearing date for the reaffirmation of my Mercedes. The Judge states that it is an undue hardship. It's not Mercedes causing the problem it's the lovely Judge. This has halted my discharge until after the hearing which isn't set until mid-March. Oh hell NO!!!

    As I type this, my attorney is withdrawing the reaffirmation per our request. They can have the dang car back if they want or I will continue paying as I always have, never missing a single payment.

    We just desperately need this to be over.
    Chapter 7 filed 10/21/2008
    341 - 11/26 went smooth NO ASSET
    Took 115 days after 341 - But Finally DISCHARGED 3/25/09

    #2
    Originally posted by relief13035 View Post
    Well I finally found out why we are on DAY 86 without a discharge. Believe me, my patience was running out.

    My attorney called me this morning and told me that the Judge on my case has set a hearing date for the reaffirmation of my Mercedes. The Judge states that it is an undue hardship. It's not Mercedes causing the problem it's the lovely Judge. This has halted my discharge until after the hearing which isn't set until mid-March. Oh hell NO!!!

    As I type this, my attorney is withdrawing the reaffirmation per our request. They can have the dang car back if they want or I will continue paying as I always have, never missing a single payment.

    We just desperately need this to be over.

    Oh that sucks, well atleast you know now why! I know you like your Benz, plus look at the market you are in- yes your hotel is doing well, but you never know!(See I read all posts and get to know people's situations) So maybe it's time to get a sweet Focus!
    Filed: 11/25/08 - chp 7 no asset
    Discharged: 2/24/09 CLOSED 3/7/09!

    Comment


      #3
      Originally posted by relief13035 View Post
      My attorney called me this morning and told me that the Judge on my case has set a hearing date for the reaffirmation of my Mercedes. The Judge states that it is an undue hardship. It's not Mercedes causing the problem it's the lovely Judge. This has halted my discharge until after the hearing which isn't set until mid-March. Oh hell NO!!!
      I dont think your attorney advised you well on that angle...

      My attorney told me to "take a good look at my future employment/income perspective", and if I have an iota of potential risk of job loss, given the industry I am in, then avoid re-affirmation like a plague.

      He pretty much slapped reality into my head...so no matter what I wanted to keep, I had to step back and re-evaluate.

      Oh, and BTW, his second point on re-affirmation as that "what's the point of re-affirmation if the item will be worthless in 5 yrs?"...I was thinking of holding on to the Jeep Wrangler.

      So I headed to his advise, went and got me a van, titled it in both our names, and that way, we have a more functional car that is fully paid off, and cost less than what I owe on the Jeep, and still, has less miles ...They can come take the Jeep now...
      2009-Jan: Retained Atty
      2009-Oct: Filed Ch7
      2009-Nov: 341 held
      2010-Jan: Discharged on Pacer

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        #4
        Honestly, at this point I'd drive a YUGO if it would get me out of this process. LOL

        My MB payment is only $330/mo with a 4.9% interest rate. I will gladly hand it over if they want it that bad. I was looking a a 2007 Nissan Versa with 30k miles for under $12k. Just discharge ME before I go postal on somebody.
        Chapter 7 filed 10/21/2008
        341 - 11/26 went smooth NO ASSET
        Took 115 days after 341 - But Finally DISCHARGED 3/25/09

        Comment


          #5
          Originally posted by relief13035 View Post
          Honestly, at this point I'd drive a YUGO if it would get me out of this process. LOL

          My MB payment is only $330/mo with a 4.9% interest rate. I will gladly hand it over if they want it that bad. I was looking a a 2007 Nissan Versa with 30k miles for under $12k. Just discharge ME before I go postal on somebody.
          What does it to you financially though, that's a good rate, is it a purchase or lease?
          Filed: 11/25/08 - chp 7 no asset
          Discharged: 2/24/09 CLOSED 3/7/09!

          Comment


            #6
            It's a purchase. Amazing that just 1 year ago, I qualified for such a good rate.
            Chapter 7 filed 10/21/2008
            341 - 11/26 went smooth NO ASSET
            Took 115 days after 341 - But Finally DISCHARGED 3/25/09

            Comment


              #7
              Originally posted by relief13035 View Post
              It's a purchase. Amazing that just 1 year ago, I qualified for such a good rate.
              I KNOW-- me either, but that's just fine with me. I will now laugh every month as my payment is due, and put the money in my IRA.
              Filed: 11/25/08 - chp 7 no asset
              Discharged: 2/24/09 CLOSED 3/7/09!

              Comment


                #8
                Originally posted by relief13035 View Post
                It's a purchase. Amazing that just 1 year ago, I qualified for such a good rate.

                I hear you. I have 4% loan for my MINI Cooper which I bought last yr. My payments are 270 a month but I do have 5 more yrs on her. Now my FICO is in the 400's!!

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                  #9
                  The only reason we decided to sign the reaffirm on the MB was because of the great interest rate and that it isn't upside down. We didn't sign on husband's truck. We are UN-reaffirming right now. I hope that doesn't take too long.

                  A car is just a "thing" at this point. My sanity is much more important than a car.
                  Chapter 7 filed 10/21/2008
                  341 - 11/26 went smooth NO ASSET
                  Took 115 days after 341 - But Finally DISCHARGED 3/25/09

                  Comment


                    #10
                    Originally posted by relief13035 View Post
                    The only reason we decided to sign the reaffirm on the MB was because of the great interest rate and that it isn't upside down. We didn't sign on husband's truck. We are UN-reaffirming right now. I hope that doesn't take too long.

                    A car is just a "thing" at this point. My sanity is much more important than a car.

                    You have just the right attitude about this whole issue. I'm glad you found out what was holding up your discharge and now you can get your fresh start!
                    Filed CH 7 9/30/2008
                    Discharged Jan 5, 2009! Closed Jan 18, 2009

                    I am not an attorney. None of my advice is legal advice in any way..

                    Comment


                      #11
                      Originally posted by relief13035 View Post
                      The only reason we decided to sign the reaffirm on the MB was because of the great interest rate and that it isn't upside down. We didn't sign on husband's truck. We are UN-reaffirming right now. I hope that doesn't take too long.

                      A car is just a "thing" at this point. My sanity is much more important than a car.
                      relief the hardest thing was giving back the Benz. I don't miss the $1000 tab every time it had to be fixed. Or the high test gas it had to have. MB was going to let me ride mine through do you think they will take yours back if you with draw the reaff?
                      Chapter 7 07/30/2008
                      341 09/17/2008
                      Discharge 11/21/2008

                      Comment


                        #12
                        I have no clue if they will take it back. I've really come to grips that if they do take it, I will be just fine. After years of driving Mom-Mobiles, I finally got a car JUST FOR ME, and this dang thing is holding up my discharge.

                        I haven't called MB yet. I think I will wait until the withdrawl of the reaffirmation is complete. The paralegal told me that I can withdraw within 60 days of when I signed so the timing is just fine.
                        Chapter 7 filed 10/21/2008
                        341 - 11/26 went smooth NO ASSET
                        Took 115 days after 341 - But Finally DISCHARGED 3/25/09

                        Comment


                          #13
                          did you get it at Walters ?? just keep paying and ride it through. there are so many used cars stacked up everywhere. they want your money, not your car.
                          Stopped Paying CC's 2/2009. Retained Attorney 1/10/2010 Filed 1/23/2010. Discharged 5/19/10 $187K CC, $240K 2nd,$417K 1st, No asset Ch-7

                          Comment


                            #14
                            Originally posted by albacore44 View Post
                            did you get it at Walters ?? .

                            I sure did!!! Have to admit, they are a great dealership.
                            Chapter 7 filed 10/21/2008
                            341 - 11/26 went smooth NO ASSET
                            Took 115 days after 341 - But Finally DISCHARGED 3/25/09

                            Comment


                              #15
                              Sounds like he doesnt want you to have your cake and eat it too.

                              Comment

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