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    Here's what my lawyer says about my car

    We have 9 days until discharge. I don't want to reaffirm my car but I'm fine with trying to do a ride thru on it.

    My lawyer finally called me today and said that my auto lender has yet to extend an agreement. If they don't do it in the next 9 days then we can do a ride thru however IF they do extend an agreement than at that time our only choices are to sign the agreement or give the car back. There's no in between.

    Sigh. Hopefully the next 9 days fly by and my auto lender forgets all about me.
    4/09 Converted to a Ch 7 due to loss in dh's income
    5/09 UST now involved no idea what happens next
    7/09 UST has decided to withdraw his motion to dismiss!
    7/27/09 DISCHARGED!!!

    #2
    my lawyer said the same thing....if they send one we must sign it or surrender the item.....no ride thru's.

    I am curious as to why some lawyers don't care if you sign and some are like ours and say we must sign if we get it.

    Does anyone know, will the reaffirmation agreement be mailed to the lawyer or to us at our home?
    Southern District of Florida
    Filed Ch 7 - 8/6/09 341 - 9/14/09
    Report of No Distribution - 9/18/09
    DISCHARGE ! 11/23/09 Closed 12/8/09

    Comment


      #3
      Originally posted by doingpoorly View Post
      my lawyer said the same thing....if they send one we must sign it or surrender the item.....no ride thru's.

      I am curious as to why some lawyers don't care if you sign and some are like ours and say we must sign if we get it.

      Does anyone know, will the reaffirmation agreement be mailed to the lawyer or to us at our home?
      I wonder the same thing. My lawyer talked like the agreement would come straight to me but my mortgage agreement went to him and not me.

      Edited to add: I just opened the mail and there's a letter from the finance company on dh's truck- which we did surrender- anyway they are holding it until 7/23 if we want it back. I'm going to see if dh will change his mind and keep the truck and let my car go back. I owe $24K on my car but only $8k on his truck and the letter says they will take $6K right now which I can get from my parents. Plus his truck note is only $450 a month my car note is $592!
      Last edited by aces67; 07-13-2009, 03:08 PM.
      4/09 Converted to a Ch 7 due to loss in dh's income
      5/09 UST now involved no idea what happens next
      7/09 UST has decided to withdraw his motion to dismiss!
      7/27/09 DISCHARGED!!!

      Comment


        #4
        Originally posted by aces67 View Post
        I wonder the same thing. My lawyer talked like the agreement would come straight to me but my mortgage agreement went to him and not me.
        To bad the agreement won't come to my house. I have my mailbox about 3 miles from the house. (we live in the sticks) and it is constantly vandalized by teens. Most of my mail goes to a po box but I never gave that info to the mortgage company since I chose to get paperless billing. If it went to my house address I could always hope that I would never actually see the agreement. I am sure the attorney doesn't have such problems with his mail. If the agreement comes I suppose I will have to sign it.
        Southern District of Florida
        Filed Ch 7 - 8/6/09 341 - 9/14/09
        Report of No Distribution - 9/18/09
        DISCHARGE ! 11/23/09 Closed 12/8/09

        Comment


          #5
          The re-aff is not mandatory. I would check some more cases in your area on PACER to see how many had re-affs. I know in my state TX they can't repo if you are current, re-aff or no re-aff. RIDING THROUGH, BABY!!
          7-2-2009 Filed
          8-28-09 341 Concluded, no assets
          10-28-09 DISCHARGED/CLOSED!!!!

          Comment


            #6
            Originally posted by whipster1 View Post
            The re-aff is not mandatory. I would check some more cases in your area on PACER to see how many had re-affs. I know in my state TX they can't repo if you are current, re-aff or no re-aff. RIDING THROUGH, BABY!!
            Really? I'm in Texas. So you're saying I don't have to sign?
            4/09 Converted to a Ch 7 due to loss in dh's income
            5/09 UST now involved no idea what happens next
            7/09 UST has decided to withdraw his motion to dismiss!
            7/27/09 DISCHARGED!!!

            Comment


              #7
              Originally posted by whipster1 View Post
              The re-aff is not mandatory. I would check some more cases in your area on PACER to see how many had re-affs. I know in my state TX they can't repo if you are current, re-aff or no re-aff. RIDING THROUGH, BABY!!
              then what is with the attorneys saying that we would have to sign if it came....or is that a cya thing for them since you are supposed to reaffirm loans you intend to keep. Are they saying we have to reaffirm but they don't care what you do but they told you what your supposed to do?
              Southern District of Florida
              Filed Ch 7 - 8/6/09 341 - 9/14/09
              Report of No Distribution - 9/18/09
              DISCHARGE ! 11/23/09 Closed 12/8/09

              Comment


                #8
                I think it depends on your state law. In TX if you are not behind they can't repo. FLA don't know.
                7-2-2009 Filed
                8-28-09 341 Concluded, no assets
                10-28-09 DISCHARGED/CLOSED!!!!

                Comment


                  #9
                  I live in FL and have a car loan with NMAC who advised they will not let me reaffirm unless I have an attorney (Ifiled Pro se) but as long as I keep current, nothing will happen.
                  Filed Ch7 5/28/09 (Pro Se) Orlando, 341 7/01, UST selected case for audit 7/01, Last day for objection 8/31. Audit report filed 9/10, no material misstatements. Discharged and closed 9/22/2009

                  Comment


                    #10
                    Here in Calif you can do a "ride through", but you take the chance of the lender repo'ing your car EVEN IF YOU ARE CURRENT and don't reaffirm the loan. My attorney says that FMC (Ford) and Chrysler are notorious for this.
                    Last edited by liz417; 07-14-2009, 10:21 AM.
                    May 2008 Hired 1st Attorney/Stopped paying CCs
                    May 21, 2009 Retained 2nd Attorney
                    May 28th - Filed for Ch 7 (FINALLY!)
                    9/11/09 - DISCHARGED!!!!

                    Comment


                      #11
                      Originally posted by aljohnson007 View Post
                      I live in FL and have a car loan with NMAC who advised they will not let me reaffirm unless I have an attorney (Ifiled Pro se) but as long as I keep current, nothing will happen.
                      what do you mean , " nothing will happen" ? does this mean you don't have to reaffirm ?
                      Filed on 7-17-09
                      waiting for 341
                      341 meeting 8-21-09
                      discharged/ case closed 12/23/2009

                      Comment


                        #12
                        Does anyone know what the laws in Arizona are? Can a lender repo a car that isn't reaffirmed but kept current in payments?
                        370K Secured Debt / 53K Unsecured Debt
                        Ch 7 Filed 08/31/09
                        341 on 10/07/09
                        Last day to object 12/07/09 - Discharged 12/28/09

                        Comment


                          #13
                          What I mean by "nothing will happen" is NMAC will not repo as long as the loan is kept current. I still get my discharge without it.
                          Filed Ch7 5/28/09 (Pro Se) Orlando, 341 7/01, UST selected case for audit 7/01, Last day for objection 8/31. Audit report filed 9/10, no material misstatements. Discharged and closed 9/22/2009

                          Comment


                            #14
                            Originally posted by cfgdag View Post
                            Does anyone know what the laws in Arizona are? Can a lender repo a car that isn't reaffirmed but kept current in payments?
                            They can't repo it but they can syphon the gas and let the air out of the tires.
                            Well, I did. Every one of 'em. Mostly I remember the last one. The wild finish. A guy standing on a station platform in the rain with a comical look in his face because his insides have been kicked out. -Rick

                            Comment


                              #15
                              Originally posted by aces67 View Post
                              I owe $24K on my car but only $8k on his truck and the letter says they will take $6K right now which I can get from my parents. Plus his truck note is only $450 a month my car note is $592!
                              That sounds like a really good deal, especially if you can get the money from your parents!
                              Filed ~ 30March09
                              341 Meeting ~ 18May09
                              !!!Discharged!!! ~ 20Jul09

                              Comment

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