California Reaffirmation Negotiations

[InDebt2]

I am working on my Chap 7 pro se in California. Upon reading the Reaffirmation Agreement papers (since I don't have a lawyer I am filling out myself to give to the credit union) I see that you can "negotiate" with the credit union. When I asked the clerk at the bank what the chances of negotiating a lower payment would be, she called collections department and they said 'No chance." they fill out the reaffirmation agreement "as is" and after the discharge you can try to get a hardship refinance of the car.

So much for "negotiating"...do you think I should write a letter asking for a lower payment with the reaffirmation papers? Has anyone else filing pro se had any luck negotiating a new rate when trying to reaffirm an auto loan?

[InDebt2]

I asked this same question in another forum and nearly got my head bitten off, apparently they aren't too pro se friendly over there...

Just in case anyone had the same question, I went ahead and filled out my portion of the Reaffirmation Agreement, wrote my credit union a little note letting them know I appreciated their services and would love it if they would be able to renegotiate a lower payment with me on the agreement. As I have never made a late payment on my car and I have banked with them for several years I hope they can honor my request.

Just thought I'd give it a try. The bank representative told me they would "get back to me soon."

[InDebt2]

Just wanted to post an update for those doing a pro se Chapter 7 and are going to do a reaffirmation agreement...I sent the letter to the collections department at my bank to reaffirm my car loan and they agreed to lower my car payment by almost HALF!

I also have a question, my 341 meeting is not until next month, but I already have an agreement from the bank for the reaffirmation. Can I file a motion for a hearing for a reaffirmation agreement BEFORE my 341 or do I have to wait until after the meeting (I have to have a hearing because I am pro se).? Everything I've read says you have to deal with reaffirmations within 30-45 days AFTER the meeting, is there anything preventing me from doing it now (a rule or law I am not familiar with)? Thanks for any help!

[StartingOver08]

Yes, your mistake in the beginning was speaking to the collections dept at the CU.

To negotiate reaffirmation agreements, you call the BK department at the CU. Mine was very cooperative too - although you actually dropped your payments more (50%). I only saved $100/mth. But I only have a few months left now, less than a year. Sounds like you did great! I don't know about the hearing as I did not have one, the CU signed and filed the reaffirmation agreement as soon as I sent it back. The reaffirmation agreement contained all the new terms, including the removal of cross collateralization and the CU has to send the title to me immediately upon completion of the payments.