I am new here, but this looked like the place to get some very good answers, so here goes.....We filed a Chapter 7 and just received our discharge. We were going to file a Chapter 13 until I lost my job. Just prior to losing my job we purchased one item on our NFM card. We were (very mistakenly as I now know) under the assumption that as it was a secured debt we could reaffirm and just contine to pay it back, no problems. We only thought you couldn't purchase something within 90 days of filing if it was going to be included in the bankruptcy. So, we stated in our intentions that we wanted to reaffirm the NFM card and the mortgage. Something else we didn't know, it isn't up to us what gets reaffirmed. The reaffirmation was never received by our attorney. I still don't know how reaffirmation works at this point. As we had recently made a purchase, I have continued to pay NFM every month, on time, no problems. Until last week.
I received a letter from NFM that they are going to get a "right to cure" and come take everything back, apparently everything we have ever purchased from them that still remains as a balance on the card. I called, explained my confusion and the legal assistant was decent enough. She said they wouldn't proceed any further if we would sign a voluntary repayment agreement. To which I replied, okay, but we are still making payments and intend to do so, our history should speak for itself. I guess that doesn't matter.
I received the voluntary repay agreement, which has to be notarized, and contacted my attorney. He stated we didn't have to sign it, that it wasn't legally binding anyhow. Also, that we don't have to pay them a cent if we don't want to, but it's our decision. He also stated that they lost a lot of ground when they didn't object to the bankruptcy, especially since we had made a recent purchase. He said they have never collected their "secured property" from any of his clients, no matter how much they threaten to do so, but there is a first time for everything. He did feel that as we are and have been paying on the account that he would be very surprised to see them actually file suit.
I called NFM back, explained that our attorney doesn't recommend our signing this paper. She informed me that my attorney is a scumbag and knows his way around the system and she is coming after us for all they are worth. I kind of calmly explained to her that the attorney I chose at random from the phone book isn't my fault and I will not be attacked for that decision. Also, we are going to continue to pay, as we feel it is only right. She didn't care, coming to get our stuff, etc. I finally talked her down to, if we sign the agreement and never, ever til the end of time miss a payment, and at the bottom of the repayment agreement I have to write "in my own writing" that my attorney, John Doe, specifically advised me not to sign this. Holy Buckets, batman, what exactly are we to do here? After her scathing review of my attorney I am almost afraid to call him and explain what she said because I feel that if they come after us, it won't have anything to do with us, but everything to do with the fact that apparently my attorney has created loads of enemies at NFM and they hate him and would love to cream him and we might be the unlucky casualties. HELP!!!!!!!!!!!!
---Sorry for the novel, just wanted to be very clear about every circumstance here.....
I received a letter from NFM that they are going to get a "right to cure" and come take everything back, apparently everything we have ever purchased from them that still remains as a balance on the card. I called, explained my confusion and the legal assistant was decent enough. She said they wouldn't proceed any further if we would sign a voluntary repayment agreement. To which I replied, okay, but we are still making payments and intend to do so, our history should speak for itself. I guess that doesn't matter.
I received the voluntary repay agreement, which has to be notarized, and contacted my attorney. He stated we didn't have to sign it, that it wasn't legally binding anyhow. Also, that we don't have to pay them a cent if we don't want to, but it's our decision. He also stated that they lost a lot of ground when they didn't object to the bankruptcy, especially since we had made a recent purchase. He said they have never collected their "secured property" from any of his clients, no matter how much they threaten to do so, but there is a first time for everything. He did feel that as we are and have been paying on the account that he would be very surprised to see them actually file suit.
I called NFM back, explained that our attorney doesn't recommend our signing this paper. She informed me that my attorney is a scumbag and knows his way around the system and she is coming after us for all they are worth. I kind of calmly explained to her that the attorney I chose at random from the phone book isn't my fault and I will not be attacked for that decision. Also, we are going to continue to pay, as we feel it is only right. She didn't care, coming to get our stuff, etc. I finally talked her down to, if we sign the agreement and never, ever til the end of time miss a payment, and at the bottom of the repayment agreement I have to write "in my own writing" that my attorney, John Doe, specifically advised me not to sign this. Holy Buckets, batman, what exactly are we to do here? After her scathing review of my attorney I am almost afraid to call him and explain what she said because I feel that if they come after us, it won't have anything to do with us, but everything to do with the fact that apparently my attorney has created loads of enemies at NFM and they hate him and would love to cream him and we might be the unlucky casualties. HELP!!!!!!!!!!!!
---Sorry for the novel, just wanted to be very clear about every circumstance here.....
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