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Questions at reaffirmation hearing?

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    Questions at reaffirmation hearing?

    I have a reaffirmation hearing this Tuesday for my car. All I received was a single page order telling me I need to be present at a particular time; no orders to bring any additional documentation so is it ok to assume they are just going to use the information from my reaffirmation agreement?

    What kind of questions will the judge ask me? What can I say to convince them that I need to keep my car? In my schedules, I show that I will have money left over after the car payment ($500 before car payment a month, $160 after car payment). Is it going to be pretty straightforward or am I going to have to "fight?"
    6/12/09: Filed Chapter 7
    7/21/09: 341 Hearing (went very well)
    9/28/09: Discharged
    10/2/09: Case closed!

    #2
    Does the reaffirm give you a better deal than you now have? If so, good chance it may be appproved. If not, why reaffirm?
    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


      #3
      Originally posted by damooster View Post
      What kind of questions will the judge ask me? What can I say to convince them that I need to keep my car? In my schedules, I show that I will have money left over after the car payment ($500 before car payment a month, $160 after car payment). Is it going to be pretty straightforward or am I going to have to "fight?"
      No specific questions, but Judges really don't like to approve these. First, you probably can't be underwater with the car (no negative equity). Second, if your State allows the "ride-thru" option, the Judge will not approve the reaffirmation. And third, the question will be on is this in your best interest. That's for the Judge to determine.

      Since you say you have enough money to make the payment, that will work in your favor. However, the other two issues are the more important ones.
      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


        #4
        I also have one of these meetings on Wednesday. I for got to ask my lawyer if he had to be there. Does any one know? My financial situation has changed dramatically since we signed the reaffirmation papers.

        Comment


          #5
          Originally posted by miozelous View Post
          I also have one of these meetings on Wednesday. I for got to ask my lawyer if he had to be there. Does any one know? My financial situation has changed dramatically since we signed the reaffirmation papers.
          If you are having a reaffirmation hearing and your lawyer is not attending, then something is amiss. You are not required to have such a hearing if your lawyer "signs off" on your reaffirmation agreement. Many attorneys won't sign them as a matter of practice, so you must go before the Judge.

          If by dramatically, you mean you have less money and can't afford to reaffirm, I'm sure the Judge will want to know that.

          (Please note that I'm unsure if your District is special or different and requires hearing regardless of whether the attorney signs the agreement or not. From what I've read and know true for my District, the only time a reaffirmation hearing is required, is when the attorney doesn't sign it, or you're not represented by an attorney.)
          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


            #6
            my lawery did sign off on it, but he said judge may ask us how we are going to pay. Actually we had to sell our house due to mortgage Co tripling our payments( bought out by citi, they escrowed 3 years). We will be closing right around the time we are due to be discarged. Now we will not have a mortgage payment.

            Comment


              #7
              The car is worth about how much I owe on it. If I'm considered upside down on it, it's only by about $1k. My argument is that I have a good interest rate that I will probably not see in a while, and it's a Scion, which is made by Toyota, so it's very reliable; I'll be able to keep this car for many years.

              Will let you guys know how it goes.
              6/12/09: Filed Chapter 7
              7/21/09: 341 Hearing (went very well)
              9/28/09: Discharged
              10/2/09: Case closed!

              Comment


                #8
                Originally posted by damooster View Post
                The car is worth about how much I owe on it. If I'm considered upside down on it, it's only by about $1k. My argument is that I have a good interest rate that I will probably not see in a while, and it's a Scion, which is made by Toyota, so it's very reliable; I'll be able to keep this car for many years.
                Nah... $1K upside down is not that bad. We'll be waiting to hear how it went.
                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

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