Cancel Auto reaffirmation after Discharge without affecting Chapter 7?

[Dst1]

Be careful, Dst1 - not so fast. There are a few states - Kansas for one - that have state laws that protect debtors from having any asset from being repossessed or foreclosed if the payments are on time.

Thanks for the qualification. I did not know that.

[BobMango]

341 was on 12/4 (No asset / No Dist chapter 7) Still no discharge on Pacer at day 73 ? ?
Reaffirmation signed on 1/15/2010
Nothing show's on Pacer for Reaffirmation (What's up with this? I guess I need to call my atty)
I live in SC.

Reaff agreement states: "I can rescind at anytime before the court enters the disharge or before the expiration of the 60 day period that begins the day the reaffirmation agreement is filed with the courts, whichever is greater."

Maybe this is why the atty hasn't filed it yet? They want to give me more time after discharge? But could this be what is delaying my discharge?

When I asked the paralegal (can never get to the atty) she said it could take 6 months to get a discharge? The atty when we left our 341 (with a UST and reg trustee who neither were interested in us) told us we could move on with our lives, it was a done deal? He even told my husband he could go move on to try and find a better paying job (if he could).

Well, your reaffirmation could have been filed with the court, but not posted on Pacer yet. In either case you still have until at least 3/15 to cancel based on the dates you indicated. As I suggested before, I'd wait until after discharge if it happens before 3/15 since you are concerned about whether canceling will impact your case. If your discharge has not come through by early March and you want to cancel, I'd do it then.

[tlcabk]

Thank you everyone for the input. I will call the atty about the reaffirmation, what happens if they don't file it? As a note, I am current on the car payment and have never been more than 7 days past the due date before filing and never late since filing.

[BobMango]

Thank you everyone for the input. I will call the atty about the reaffirmation, what happens if they don't file it? As a note, I am current on the car payment and have never been more than 7 days past the due date before filing and never late since filing.

If it never gets filed it's never in effect as far as the court is concerned. As to your creditor, if you are current in most cases they just keep taking payments and let you keep the vehicle.

[tlcabk]

Our atty called us this mornign and infiormed us of our discharge (now on Pacer)
Pending status: Case Closed ,Case Open
Flags: DISCHARGED, CLOSED, MEANSNO

And they said Suzuki never filed the agreement with courts so fo rus to cancle if we so choose.