What happens if an order is due by my attorney, (reaffirmation agreement for our house) and he doesnt file it by the due date? Does my case get thrown out of court? WE already had our 341 meeting, on March 30. We signed to reaffirm, but our lawyer hasnt filed paper work yet. When I called, my lawyer's office, they said that they filed it. But on pacer, it doesnt show up. Says its due no later than 4/22. I just want to know will this affect my bankruptcy case?
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First, you probably should not be reaffirming in the first place. Also, the judge has to sign the reaffirmation affirmation agreement. I haven't looked at PACER in a while, so I don't recall if an order that needs to be signed by a judge will show up on PACER before it is signed.
In my district, judges won't sign them. They will just take them under advisement and make an entry that the Reaff is received. The reason being, just by submitting the Reaff, you have complied with the requirements of the code. -
HHM, can you explain further why you say not to reaffirm? This is one issue that I keep seeing conflicting advice on.
If the bank will reaffirm - say on an auto loan - wouldn't it better to do that if you plan on keeping the auto and continue to make payments?
This thread freaked me out a little:
I didn't know the car could still be repo'd even if you kept making payments.Comment
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