Reaffirmation Problem

[AnotherBK]

So long story short.. we wanted to keep our truck, so the day of our 341 we signed reaf. papers on it. Our lawyer said we have 60 from then to change our mind. Well we got cold feet and DID change our mind not 3 days later. Our lawyer sent a letter to the finance company saying we recinded the reaffirmation. Well that was about 55 days ago and we havent heard anything. Pacer still shows the reaffirmation was filed. We called our lawyer and told him, he said he would call them. Still nothing.
I guess the first question is, has this happened to anyone else and what happens after 60 days, are we still responsible for the truck which we are NOT paying on anymore. Is the finance company ignoring us?
AND does my lawyer even know what he is talking about when he said even though we signed the papers we had 60 days to change our minds?

[kenshirley]

You have through discharge to change your mind.
Does the lawyer have a receipt for the letter he sent rescinding your offer? He should!
The bottom line here is take the car or truck to the place that holds the contract (bank, credit union or ?) and surrender it. And get a receipt.-+
It will solve your problem.

[AnotherBK]

Thanks I was starting to worry. I really dont know if the lawyer has reciept or not but he did send me a copy of the letter that was sent.
I was thinking of dropping it off, just wasnt sure if i should or not but i would rather take it to them than wait around for them to pick it up, especially since insurance will be due on it again soon.

[AnotherBK]

oh and its thru a credit union. Who happens to be 2 hours away from where i live now, so was hoping they would come get it, but under the circumstances i am more than willing to take it to them.

[StartingOver08]

Just thinking outloud here...since the reaffirmation is in writing don't you have to rescind the reaffirmation in writing too? Send a formal written withdrawal to the courts/creditor?
Since you are so close to discharge I would make darn sure to have your attorney file something in writing with the BK court to rescind this reaffirmation BEFORE the official discharge.

[kenshirley]

They can't come and get it, there is a stay.
You have two options, if the attorney has a receipt for that letter of recension you and he are good.
Otherwise, take the car to them before you are discharged and get a receipt for it.
And remove your plates when you do as you may get money back on them depending on your state. Cancel the insurance the day you turn it in.

[whipster1]

You could file the notice with the court also, just to be sure the creditor doesn't claim he never saw it.