Reaffirmation Agreement was not filed...

[Amy26]

I noticed that I have nothing on pacer saying my reaffirmation agreement was not filed on my case for my car. My last day was 9/18 but I'm not discharged yet. Is there still time to file the agreement? When I sent in the signed papers to my lawyer she said "don't worry we have plenty of time".

I sent an email to my lawyer about it last night and all he said today was "I'll check".

Really irritated if its too late to file it.

And please no responses regarding its better this way and not doing a reaffirmation agreement.

Thanks!

[justplaintired]

I won't say it's better, I'll just say, we never got our reaffirmation papers to even sign. We said we would reaffirm our mortgage, but the papers never came to be signed.

Hope you get the news you want to hear. Seems weird but hope you aren't discharged Monday??!!

[Amy26]

Hmm... I dunno we got the papers... I signed them.... and sent them back to the lawyer but they didn't file it with the court before day 60. So, I'm just wondering if its too late or not.

[LuciluS]

Lawyers sometimes will not sign or file with the courts a reaffirmation agreement if he/she feels Debtor's disposable income is not enough to cover the monthly payment.
They are bound by the Bankruptcy Code to sign them Only if they feel a Person(s) can afford the payment. I posted that part of the code once, but don't remember where it is located in the code. Brain fog today LOL!

Same thing if a Debtor files Pro Se. A reaffirmation hearing is required & the Trustee must sign the agreement.

I'm just playing devil's advocate here.

[Amy26]

No, it is nothing to do with me not being able to afford it. My DMI was 164 with the car payment included. The plan with my lawyer was to file it. I sent the paperwork to his paralegal.... so I think she dropped the ball.

But still nobody has told me if there is still time to file it. Can it still be filed after my last day for objections?

[LuciluS]

http://www.neama.org/pdf/reaffirmationsynopsis.pdf

[LuciluS]

http://www.dcb.uscourts.gov/files/DISCUSSION_OF%20REAFFIRMATION_AGREEMENTS_.pdf

The court has discretion to enlarge that time.

[Amy26]

Thank you so much Luci

[shabam]

Why not just continue making payments and disregard the reaffirm?

[justplaintired]

http://www.dcb.uscourts.gov/files/DI...GREEMENTS_.pdfThe court has discretion to enlarge that time.

So this means if no reaffirmation aggrement was signed before the 60 day mark which was Friday Sept 18th, none can be signed now? The only reason I asked is we said we would reaffirm, nothing was ever sent to our attorney or us, so I am assuming neither mortgage ever signed the agreement. I am fine with this. Now it's too late right? I don't really want to delay discharge over reaffirming having decided it may not be in our best interest considering dh is still on short hours and we don't know what might happen there.

[Amy26]

The first part of that says it can be filed before discharge... not sure what the difference is between the two different rules.

And to Shabam, I asked that no one post about doing ride throughs... I do not wish to do one and do not wish to start a debate about it.

[LuciluS]

Shabam:

There are some of us who want what we call 'Peace of Mind' in knowing with a Reaffirmation our secured property it cannot be taken from us.

In our case, it is our home. We just bought it on 12/20/07 & live in a very small town in AR. Our state, especially our area, was not hit with the decline in market value of homes. I suspect by the end of the year, our home will be above the market value. We've had 2 homes sell on our street this past month and 10 sold in the last 3 months in our neighborhood which building of new homes exist.

Also, in our case, being 55 yrs. old, this is our last home. Next place, hopefully, will be heaven. I don't want that worry 3 - 5 years from now, the possibility Mortgage Co. would take it. Grant it, probably not...but possible. We have decreasing life insurance on our mortgage. So if Dh should pass away, home is paid for.

I know we are in the minority on reaffirmations, but we have just as much right to say yes to one as anybody on this forum wants a ride through.

[shabam]

And to Shabam, I asked that no one post about doing ride throughs... I do not wish to do one and do not wish to start a debate about it.

Just curious. Personally, I want to avoid a reaffirmation at any cost.

[Calthius]

Amy check with your lawyer and see if they filed it. In our case our reaffirmation agreements were sent back to the creditors and they filed. How ever since the courts are backed up a judge hasn't signed them yet, and that is holding up our discharge. However we are past the 60 day mark and no creditors have objected so we are just waiting on the judge to sign the agreements and we will be discharged.

[Amy26]

Bah...Lawyer called today. He told me its my fault cause I didn't get it in timely... however his paralegal told me there was plenty of time. He said, "I have a long email chain here I'd have to go back and check it".... bull dinky! He said all he could do would be to file an extension to delay my discharge... but I just want this over with. So, I guess I'm riding through with toyota..... for 5 years.... grrrr....