You are you viewing the Bankruptcy Forum as a guest (limited viewing).
Don't have a BKForum account yet?
Please REGISTER (it's FREE & takes 30 seconds) so you can post your own questions and see all the features available to registered users.
You will needd to prove to the court that reaffirmation will not create an undue hardship.
IMO, the worse thing to happen will be, the judge signing off on the reaffirmation!
Lot of caselaw that says you've fullfilled your obligation under the code by trying to reaffirm. Does not say you must be approved. In other words, you want the judge to give you a ridethrough.
I reaffirmed because I heard that FORD would take the car back. I also reaffirmed with the Mortgage Company so my Mortgage Modification would go smooth. The other reasons for both the car and house was cause I needed to rebuild my credit, and you can't do that without a loan. At the Hearing, The judge calls your name, you approach the bench, everyone at the same time, and you raise your right hand and then after swear in, you say YES / NO to the questions as a group (35). That's it. You don't get close enough to the judge to tell what color tie he has on. Your agreements for reaffirmation that you received from the creditors and were submitted some weeks prior to the lawyer, are then given to the Judge in the form of an order for his signing, I believe. If you default, then they take it away, sell it, sue you for the difference, and your up the creek or go to prison.... That was my reason/story. Might be yours, too.
Comment