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pro se and Reaffirmations

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    pro se and Reaffirmations

    I Filed Pro Se last week and I stated that I intended to reaffirm my house and car.

    I owe about 1k more than the car is worth and have 27 payments left out of the 72, and I'm currently only 8 days behind.

    How do I actually reaffirm? Do I contact the creditor or will they just automatically send me papers to reaffirm?
    Filed Pro Se: 08/14/2009
    341: 09/18/2009

    #2
    Depends on who the finance company is. Most, like NMAC, will only reaffirm
    if you have an attorney. NMAC told me as long as the payments were kept currrent, they would not repo and after the discharge, would resume sending normal statements. Recommend you contact both and ask what their policy is. Good luck.
    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

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      #3
      You need to get it paid. Call their bankruptcy department and ask where to send your payments. They probably will not be able to send you a bill but ask the date and amount you need to pay. Make the timely payments.

      Since you are representing yourself they will mail it to you and then you can review it.
      May 31st, 2007: Petition Filed by my lawyer
      July 2nd, 2007: 341 Meeting Held
      September 4th, 2007: Discharged and Closed.

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        #4
        I called the lender for my auto loan. They said they received notice of BK and that my intent was to reaffirm. They said I should receive my reaffirm papers middle of next week.

        I am current on this loan and they said after discharge when my account goes back into regular status they might be willing to renogotiate/refinance the loan if i want to do so.

        I only have 26 of the 72 payments left so I really wanted to reaffirm.

        As for my house I am rethinking the reaffirmation and may just just let it go so I can save up for a decent apartment and paydown my student loans.
        Filed Pro Se: 08/14/2009
        341: 09/18/2009

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          #5
          Good that they will reaffirm but pls remember, just because you sign the agreement and send it back, doesn't make it official. You will still need to appear before the bk judge before discharge.
          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

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            #6
            Originally posted by brokeballer View Post
            I called the lender for my auto loan. They said they received notice of BK and that my intent was to reaffirm. They said I should receive my reaffirm papers middle of next week.

            I am current on this loan and they said after discharge when my account goes back into regular status they might be willing to renogotiate/refinance the loan if i want to do so.

            I only have 26 of the 72 payments left so I really wanted to reaffirm.

            As for my house I am rethinking the reaffirmation and may just just let it go so I can save up for a decent apartment and paydown my student loans.
            Highly unlikely the bank will modify the loan after discharge. Once you reaffirm you have no leverage. They own you. If you owe more than the car is worth do not reaffirm. If you have equity in the car consider your next two years of income very carefully before signing a reaffirmation agreement.

            If you insist on reaffirming make them the offer.
            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

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