Checked "Yes" to Reaffirmation, but will not

[drowning123]

On my paperwork, my attorney checked "yes" under reaffirmation for my house. He knows I don't want to reaffirm. What would be the scenario at the 341 meeting when I say "no, I don't want to reaffirm"?

[wnguyen]

Hi drowning

I don't have a house but I can relate my case thru my car. I told my lawyer that I like my car and I want to keep it. Armed with that, when my case was filed, she checked the reaffirmation option (she could check the other option with ride through but she didn't) and now I just don't want to reaffirm my car at all. Just keep paying it to keep it.

At the 341 hearing, nothing was mentioned about the reaffirmation and so far, 2 weeks after the 341 I still haven't received anything about it. I don't know if that's gonna be the case with the house or not.

[drowning123]

I guess I'll just have to wait and see. My 341 meeting is on 9/23. Can't wait to get it over with!

[justfiveofus]

We were planning on reaffirming our debts on our vehicles as well, however after speaking with our credit union and looking at the reaffirmation paperwork they filled out we don't feel it's in our best interest. The credit union said as long as we keep paying that they don't care if we keep our vehicles. Of course this was after our 341.

Also, they didn't ask us anything about reaffirming that debt at our 341. Try not to stress too much.

[wnguyen]

I guess I'll just have to wait and see. My 341 meeting is on 9/23. Can't wait to get it over with!

You'll be fine. It'll be a breeze.

[drowning123]

Thanks, Just - and everyone else.

[tcreegan]

intent form

Hi drowing123,

Apparently this happens all the time and causes no problems...

I was reading something from a lawyer in S.Car. and he tells his clients to mark 'reaffirm,' don't sign the papers, and stay current on the payments. His logic is that by 'intending' to reaffirm, you are 'performing' on the contract and the lender cannot use the BK to declare you in default. In other words, the lender cannot repossess or foreclose on you unless you default on the pre-BK terms.
Can't remember the guys name.....

But then again, my Grandmother used to say "The road to hell is paved with good intentions"

Tom in Colo

[ccsjoe]

Whether or not to mark a debt as reaffirm on your BK petition is merely an expression of your intent at the time you are filling out the Statement of Intent. It is not binding until a reaffirmation agreement has been signed and filed with the court. As such, you can change your intent at any point in time post-filing. Kind of saying Oooops, changed my mind.

[wonderingrov]

My lawyer had 'reaffirm' selected on both my car and mortgage, but I've not had to reaffirm either. In fact, on the reaffirmation agreement the mortgage company sent, it even had a clause in it saying either party had 60 days to rescind the agreement if we saw that it wasn't in our best interest. From what I've been told, this is fairly common.

[tobee43]

you mention you do not want to reaffirm...so does that mean you are surrendering??

if so....i would have your atty ammend the petition. the trustee will see you are surrendering and really can't ask more of anyone...other than giving it back.

i would have it changed. i want all my paperwork perfect so no questions can come up...also you signed these docs as being truthful...so just cover yourself.

in the end it may be fine, however, if it's IN writing it is.........in fact in writing.

[drowning123]

Yes, tobee, I'm surrendering. I'll just play the fool and say I didn't properly read over the papers. Amending will draw even more attention I think. 21 days to go to 341 meeting.

[ccsjoe]

I think you're stressing over a non issue. Intent is just that, intent, not binding.

[drowning123]

Joe,

How did you get to type your status "AHEM.....NOT AN ATTORNEY, NOT ADVICE, ETC, ETC "? Thanks. I want to count down my days to my 341. Thanks. LOL.

[tobee43]

Yes, tobee, I'm surrendering. I'll just play the fool and say I didn't properly read over the papers. Amending will draw even more attention I think. 21 days to go to 341 meeting.

it's most likely just fine...they have to have you sign reaffirm paperwork anyway....so if it's not in writing there is not much they can do...

just make certain the mortgage amount is in the discharge...you don't want to have to deal with that. although, like i said the bank will have no signed paperwork from you reaffirming...good plan! don't draw any attention, good or bad..i'm with you!

[ccsjoe]

Joe,

How did you get to type your status "AHEM.....NOT AN ATTORNEY, NOT ADVICE, ETC, ETC "? Thanks. I want to count down my days to my 341. Thanks. LOL.

Go to your profile and from the right side menu click on edit my signature