QuestionS: Filing STATEMENT OF INTENTION????

[gman]

I am a Pro Se filer on a Chapter 7 case and recently had my 341.

In my BK filing I stated I intend to keep my automobile (and I am current on the loan and have never been late.)

I have asked my out of state credit union 5x for a reaffirmation request (paperwork) and they simply have not sent me anything. I have given up and will simply proceed with a ride and pay (unless they tell me they are coming to repo - and then I will quickly sell the car as it has a few grand in equity.)

Anyway - here ARE my questionS:

+ DO I NEED TO DO SOME SORT OF SEPARATE FILING WITH THE COURT SHOWING MY STATEMENT OF INTENTION - OR DOES THE STATEMENT WITHIN THE BK PAPERWORK SUFFICE?

+ SINCE MY CREDIT UNION HAS BEEN UNCOOPERATIVE - HOW DOES THIS TIE INTO MY REQUIREMENT TO ACTUALLY PERFORM MY INTENTION WITHIN 45 DAYS OF THE FILING OF THIS STATEMENT OF INTENTION - PER BANKRUPTCY LAW?

[MSbklawyer]

Different districts do things differently, Gman, but I don't know of any disctrict that requires you to file anything else in addition to your statement of intention to show your intention.

Reaffirmation agreements are just that: agreements. Your lender doesn't have to reaffirm, nor do you. You can't perform your stated intention to reaffirm if your lender won't cooperate.

[gman]

Different districts do things differently, Gman, but I don't know of any disctrict that requires you to file anything else in addition to your statement of intention to show your intention.

Reaffirmation agreements are just that: agreements. Your lender doesn't have to reaffirm, nor do you. You can't perform your stated intention to reaffirm if your lender won't cooperate.

Thanks for the post.

I know of someone personally who filed in my same district recently and actually DID reaffirm their car loan. They were NOT unemployed like me.

I checked their PACER filing today as their case was discharged a few months back.

+ I did NOT see a separate STATEMENT OF INTENTION TO REAFFIRM in their file. It seemed to be only noted in the filing of the BK itself....the box to reaffirm was checked accordingly.

Do you figure I should just call the Court House, seeing I am filing Pro Se, to see if they require any "local" forms?

Any other ideas?

[tcreegan]

Hi gman,

Nothing outside the Statement of Intentions is filed except an actual reaffirmation.

Keep copies of your attempts to reaffirm (or a log of phone calls), a nice touch might be to send a request certified mail return recpt requested.

Found a couple cases for you and a ref. to BK code:


In re Blakeley, 2007 WL 674712, (Bankr. D. Utah Jan 17, 2007)

In re Moustafi, case # 4-97-00407 (Bankr.D.Az, Jun 4, 2007)


11 U.S.C. § 365(e)(1)(B) (2006) (“Notwithstanding a provision in an executory contract or unexpired lease,
or in applicable law, an executory contract or unexpired lease of the debtor may not be terminated or modified,
and any right or obligation under such contract or lease may not be terminated or modified, at any time after
the commencement of the case solely because of a provision in such contract or lease that is conditioned on
. . . the commencement of a case under this title . . . .”).

Let us know how it turns out, rooting for you gman!!

Tom in Colo

[gman]

Hi gman,

Nothing outside the Statement of Intentions is filed except an actual reaffirmation.

As usual Tom, you are awesome. So you figure that my official Statement of Intentions was part of my original BK filing....and that it is NOT some sort of other filing on its own....right??

Keep copies of your attempts to reaffirm (or a log of phone calls), a nice touch might be to send a request certified mail return recpt requested.

Done!

Found a couple cases for you and a ref. to BK code:


In re Blakeley, 2007 WL 674712, (Bankr. D. Utah Jan 17, 2007)

In re Moustafi, case # 4-97-00407 (Bankr.D.Az, Jun 4, 2007)


11 U.S.C. § 365(e)(1)(B) (2006) (“Notwithstanding a provision in an executory contract or unexpired lease,
or in applicable law, an executory contract or unexpired lease of the debtor may not be terminated or modified,
and any right or obligation under such contract or lease may not be terminated or modified, at any time after
the commencement of the case solely because of a provision in such contract or lease that is conditioned on
. . . the commencement of a case under this title . . . .”).

Let us know how it turns out, rooting for you gman!!

Tom in Colo

Hoping I won't "need" these if you know what I mean. If you remember my situation, I actually expect either the creditor OR the BK judge to deny my request for reaffirmation anyway due to me being unemployed. I'd then keep the car and ride and pay until I was threatened with a repo.

[gman]

Called the Court House. They knew the answer.

The Statement of Intention was part of my original filing. There is no separate document to file.

[dumpinmydebt]

I gave my clerk a copy of my SOI and I also filed a Certificate of Service in regards to my SOI with the clerk.