Ugghhh. I'm looking over my papers once again and i have a question. In my statment of intent i have my auto to reafrim as well with my house. This is not a reafrim doc? my lawyer said not to worry that i was only going to sign the papers to reafrim on the autos only and not the house. Which i totally don't want to do. Is his statment true, or should i worry that my intention doc states i intend to reafrim autos and home? I'm current with autos and home, however i don't want to be on the hook for a reafrim on a house.
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statment of intent, reafrim?
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I don't think you're legally committed to re-affirming your car and house yet.
We also had "re-affirm" on our Statement of Intent for our house and car.
After our 341 meeting of creditors, our attorney gave us the actual re-affirmation forms to sign and we decided not to.
There is a risk you could lose your property if you don't re-affirm, but we decided to take that risk.Filed Chapter 7 July 2010
Attended 341 September 2010
Discharged November 2010 Closed November 2010
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Your Statement of Intention is just that..... Intention. All that means is at the time you completed the paperwork you intended to reaffirm. We submitted our SOI when we filed and we have not received reaffirmation papers. The Trustee didn't even ask about reaffirming.
You have to check something on the SOI, you can't put retain and pay, so usually people put reaffirm, but change their minds (wisely so) later on.I may be smarter than an attorney, but I'm not one. No legal advice here, people.
Filed Ch. 7 pro se on 10/22/10 341 on 11/19/10 Report of No Distribution Filed on 11/19/10 Discharged 1/19/11 Closed 2/2/11
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Hi psx,
as dumpinmydebt said, the Statement of Intentions is more of a formality than anything else. Marking 'reaffirm' gives you some traction if you try a 'de-facto' ride and pay, so lawyers have been saying to mark it.
To actually reaffirm, you/your atty have to send papers to/from the lender, agree on terms, everyone signs, file it with the court, get either your atty or the judge to approve it. And even then, you have 60 days to come to your senses and rescind it.
Hope your filing goes smoothly!
Tom in ColoCh7 filed 5/12/2010.....341 meeting 6/30/2010....report of no distribution 8/15/2010.....discharged 10/01/2010.....closed 11/09/2010
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