Reaffirmation hearings?

[HOMEBODY]

I have my 341 meeting next week and I am reaffirming my car. I owe $7,000 and its value is $7,000.00. My attorney tells me that I could sign the reaffirmation agreement and that there is a possibility that there will be another meeting for this and I would have to appear, which I probably wont be able to if it falls during my vacation in late August. She said that they could handle the whole thing if I paid an additional $250, they would handle the paperwork and the appearance. She said there is no way of telling if there would be an hearing or not. So I am thinking why not pay the $250
IF there is a hearing. If this way of getting extra money from me knowing that I probably wont be able to attend a 2nd hearing.

Also, I would like to reaffirm one of my houses that is not upside down so that I can continue to get a credit rating on that house. Is it possible to reaffirm with your creditor after discharge?

[nomoneynomore]

Our lawyer never asked for additional money to take care of our affirmations, it was included in our flat fee. Did they say why they thought there would be another meeting for the affirmations? We filed to reaffirm with National City Mortgage and Citi Financial Auto and just got a few pieces of paper to sign and a pack of paper to read. There wasn't a ton of paperwork for the lawyer to take care of and nobody ever mentioned a meeting about them. Having a meeting depends on your lender's wishes.

I'm not sure about reaffirming after discharge, I was under the impression from our lawyer that it had to be done before discharge.

I'm not sure if it's "the norm" but we reaffirmed our house & vehicle & they both still showed up on our credit report as IIB. They never reported payments after our bk, so it didn't help us. It has taken me over a year and a half for the bureaus to show one of them as paid in full, not IIB, still working on fixing the other one.

[HOMEBODY]

I think this was just another way of getting more money from me. I've never heard of reaffirmation hearings and I had already checked that I would be reaffirming the car loan.

Now, I do wish to reaffirm one of my houses that is not upside down since it would help my credit.. Does anyone know if I can do that straight with the lender since my lawyer already marked that I was riding through?

[HHM]

Sounds like you went with a "discount" attorney. They limit their service to you and charge you extra for anything that happens after the case is filed except for the 341 meeting. Unfortunately, that is not uncommon. You get what you pay for.

The BK code requires a finding that the reaffirmation agreement will not create an undue hardship on the debtor. Usually, if the debtor is represented by an attorney and the attorney is willing to sign the agreement (most won't, and for good reason), otherwise, a hearing is generally required where the debtor needs to attend so the judge can ask you some questions.

In general, unless it is absolutely necessary (which it almost never is), you SHOULD NOT reaffirm anything, not your house, not your car, etc.

[HOMEBODY]

Thanks HHM...how soon after the 341 hearing is the next one scheduled. I am supposed to leave on vacation 7 weeks after my hearing. I hope I dont get this hearing date while I am on vacation as I cannot change my plans, there is no refund on my vacation.

Yes, I got a discount atty, but I really justed wanted someone to make sure the papers were filed correctly..I didnt count on the hearing after and perhaps during a vacation. I dont mind going by myself to the next hearing, but I may not be here.

[HHM]

A reaffirmation must be finalized before discharge.

[HOMEBODY]

I understand that it must be reaffirmed before discharged...but will they let me know soon about a future hearing? Just need to know because of my vacation.