Hopefully my last questions regarding my case

[chriselle]

my last day of ojections is march 8. Mortgage company filed my reaffirmation late and been flagged as undue hardship. I guess they will be reviewed and will order a hearing if necessary since my lawyer signed off on them. I just have these questions left.

After the 8th even if I am not discharged can the trustee still file a motion to dismiss? For general abuse or totality of circumstances... I know I am still worried about that and here I am trying to fight a reaff due to undue hardship.

I am thinking of withrawing my reaffirmation if they schedule a hearing. can I do that if they scheduled a hearing?

[MSbklawyer]

The most common cause of reaffirmation agreements getting flagged as undue hardships is when schedule "J" expenses are greater than schedule "I" income.

Find some fat to cut out of your expenses and then file an amended schedule "J". Get your expenses down to at or below your income.

If your reaffirmation goes forward on an undue hardship basis, there will be a hearing. The code requires it. The issue will be how you can expect to successfully reaffirm if your expenses exceed your income.

Bad faith / totality of the circumstances is a different principle entirely than undue hardship.

Is that you in your avatar? If so, you should have put it up a lot sooner. If the guys around here had known you were a hottie you would have gotten a lot more responses to your questions a lot sooner. Guys just work that way.

(No, there is nothing I won't say.)

[chriselle]

I am just thinking of withrawing my reaff, mortgage says since I am current and my parents are co borrower, it will not affect their credit as long as I keep it current. I am just afraid the trustee will look at my schedules again and demand more documentation. I just want to get this thing off my mind. I just want to know, after the 60 days even without discharge due to the imminent reaf hearing, can they still file a motion to dismisss. I know it's totally different, I just want to know can they do that.

I'll take your last comment as complement though that was 3 years ago on my ID for work. When i was happy and stress free. And besides with eveyone with stress, no one will notice any appearance. If it's on facebook, I guess it's fine here too.