Q: What to do when a bank simply never sends your car reaffirmation application?

[gman]

My situation:

1. Currently unemployed.
2. In my Chapter 7 filing I put down that I plan to reaffirm the auto loan.
3. I am fully aware that the judge OR the lender could choose not to reaffirm given my 4 month unemployment. In actuality - I EXPECT that to occur.
4. Regardless, in going through the motions, I have now asked my credit union 5x for the reaffirmation application paperwork. I have 3 of these "documented" in emails while the other 2 were over the phone.
5. My 341 is next week.

If you were in my shoes, what would you do? (P.S. I already have verbally asked the "supervisor" for the application and she promised to send it. That was over 3 weeks ago.)

[AngelinaCatHub]

It comes out of their legal department. Asking any ole' officer might not get through. I'd personally just pay through. As long as you keep paying the note, they have no legal basis to repo. You are fulfilling your obligation. Some do have a write in, in the paperwork that they can repo, but do you think they want to sell used cars, or take your payments?

As far as the Trustee if he asks you about it, have copies of the emails and tell him what you said here. The Trustee doesn't care if you reaffirm or not especially if you are a no asset case anyway. 'Hub

[ccsjoe]

gman, I only got my reaff approx 2 weeks post-341 meeting date. I wouldn't stress. The only stipulation is that if you are going to reaff, it needs to be signed by all parties and the judge prior to your discharge.

[melissah34]

Our auto reaffirmation wasn't signed by the 341. The trustee didn't even ask about the house or the car. Our reaffirmation was signed by an attorney and Chase didn't file it until a day after discharge. They closed and then reopened our case to have a reaffirmation hearing because there was undue hardship (unemployed at the time of signing, husband got a job since). We had our hearing this morning and we were told by the judge "your paperwork shows a deficit. How are you going to pay for this?" Us,"We've had an increase in income" Judge, "okay, I'm approving this agreement. That was it.

[tcreegan]

Hi all,

If the lender doesn't get their act together for a reaff by discharge, stay current and tell them you are protected by 11 U.S.C. §541(c) of Fed BK code

Tom in Colo

[gman]

Well, my 341 came and went. Not a single question from the Trustee concerning reaffirming.

I have contacted the lender 5x and they still have not sent the reaffirmation request paperwork.

I will ride and pay...as I figure I gave them ample opportunity (and have the email thread to back it up) to send the documents.

[btbeme]

I can tell you about a recent BK judge's actions and decision here in AZ. In a pinch, say, if they come to get your car, this might help you somehow...

A BK judge here has recently started to deny almost all reaffirmations on vehicles, saying that the federal BK laws state that the debtor must REQUEST reaffirmation - not that the debtor has to BE GIVEN reaffirmation. In her mind, that is enough protection from the bank - to ASK for reaffirmation. If the bank does not offer it, she feels the debtor is still protected.

Your mileage may vary, as they say.