Lease Assumption, Major Problem

[Klesko]

I filed for BK7 in Sept of 2009 and when we filed we said we were going to reaffirm one of our cars from VW credit. Everything went smooth we never got reaffirmation papers and was discharged in Dec 2010. We never signed reaffirmation papers so first of Feb we let me leased VW go back and I got another car.

Well today I get a call from VW credit talking about money I owed from turning the car in. I explained I did not sign reaffirmation papers and he told me he would talk to the lawyers and get the papers faxed over. Well he faxed me the papers and its a single document from my lawyer saying I wish to assume the lease etc. It has my lawyers signature on it and mine. I do NOT remember at all signing this paper.

I looked on pacer and reviewed all of my documents filed with the court and this document is not anywhere on pacer.

What should I do at this point? If this paper was not filed with the court is it valid or not? How can I prove it was not filed or is that up to VW to prove?

[NoMoreCards]

The document must have been filed in order to be valid. If it wasn't filed, it is not valid. You said Pacer don't show it, so it was not filed. If you are still unsure, contact the lawyer who handled your case.

If I was you, I'd make them prove it was filed and accepted by the court. They would have to prove this in court if they sued you anyhow.

[Klesko]

Thats what I thought.. However take a look at this article.

" 1. Assume the Lease and Keep the Car (and Keep Making Payments).
To assume the lease the debtor has to notify the creditor in writing that the debtor desires to assume the lease. There is no official form for this, although our firm has developed a form we use for our client for this.

There is nothing more that the debtor is required to do (assuming the debtor is current with payments). There is no requirement in the Bankruptcy Code for court approval, or for filing any filing with Court in connection with the assumption. "

Basically this article is saying when assuming a lease the document does not need to be filed.

http://www.newyorkbankruptcylawyerblog.com/2009/11/what_happens_if_i_am_leasing_a.html

[SMinGA]

You cannot reaffirm a lease - that is strictly for loans. Contact your attorney, find out what is required to assume a lease in your district.

[biotechsolution]

If they want money for mileage overage you may owe that.

Since you kept the car after your filing date you would be responsible for any extra mileage charges since they happened after your filing date.

[NoMoreCards]

You cannot reaffirm a lease - that is strictly for loans. Contact your attorney, find out what is required to assume a lease in your district.

I was a co-signor on my daughters leased car, and we did reaffirm. Perhaps this is district specific, but we do have a reaffirmation on a leased vehicle.
She has decided to not buy the car after the lease, which will be up in November of this year.