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No ride through in 11 Circuit?

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    No ride through in 11 Circuit?

    Talked to another lawyer this week. She said there were 3 options in our area: reaffirm, surrender, or another one I cant remember. But not reaffirming was not an option here. If true, what do people do in this situation if they do not want to reaffirm. We have a 1st and 2nd and do not want to reaffirm either one. If we absolutely had to we might do the 1st, but the plan is to negotiate with the 2nd to settle later. I think she referred to it as pay-as-you-go or pay-and-go. Anyone had experience with this? Thanks!
    1/15/10 Filed ch7 2/18/10 314 meeting
    2/22/10 Report of No Distribution
    4/20/10 Discharged 5/20/10 Closed!

    #2
    Don't know what to say really, and I'm in the 11th Circuit. I *think* that you can exclude it from your intentions (mark it with no intentions) and have it discharged. Then you get the "technical" ride-through if the lender allows you to continue making payments and keeping it current. It's also underlying non-bankruptcy law that would help you in this case (where the lender can't foreclose just because you filed bankruptcy).

    I'm actually interested in this topic... so I hope we get some good responses.
    Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
    Status: (Auto) Discharged and Closed! 5/10
    Visit My BKForum Blog: justbroke's Blog

    Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

    Comment


      #3
      I got the impression from the atty that the banks would send the reaffirmations and that we would be "supposed" to sign them. I asked what happens if we don't, and she shrugged and said that that was how it was supposed to work, but not necessarily how it DID work.
      Last edited by pcn; 07-03-2009, 05:27 PM.
      1/15/10 Filed ch7 2/18/10 314 meeting
      2/22/10 Report of No Distribution
      4/20/10 Discharged 5/20/10 Closed!

      Comment


        #4
        Originally posted by pcn View Post
        I got the impression from the atty that the banks would send the reaffirmations and that we would be "supposed" to sign them. I asked what happens if we don't, and she shrugged and said that that was how it was supposed to work, but not necessarily how it DID work.
        It's true, the whole "reaffirmation" thing appears to be a nod and a wink, and an occasional shrug! LOL

        When you say you're going to reaffirm, the lender sends the reaffirmation paperwork, then many people just don't do anything with it. That's the wink, nudge and nod.

        The law only reads that you must state your intention on it, but isn't very clear on if you don't actually follow your intentions. So clandestine!
        Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
        Status: (Auto) Discharged and Closed! 5/10
        Visit My BKForum Blog: justbroke's Blog

        Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

        Comment


          #5
          Originally posted by pcn View Post
          Talked to another lawyer this week. She said there were 3 options in our area: reaffirm, surrender, or another one I cant remember. But not reaffirming was not an option here. If true, what do people do in this situation if they do not want to reaffirm. We have a 1st and 2nd and do not want to reaffirm either one. If we absolutely had to we might do the 1st, but the plan is to negotiate with the 2nd to settle later. I think she referred to it as pay-as-you-go or pay-and-go. Anyone had experience with this? Thanks!
          We are almost at day 30 (July 10th) after 341...received bothe reaffirmations but have zero intention of signing them..cars worth 25K to 30K owe..50K..not gonna happen..4 months behind on both cars
          we have plan b and thats renting a car till discharge..expensive but..worth it..after discharge we did get an approval for new loans with a downpayment of 3K...thats where we are now..
          Last edited by BradyFL; 07-05-2009, 02:55 PM.

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