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    #1

    Reaffirming Car question

    Hi All,
    I had my 341 on 9/30. 10/7 the trustee filed the no distribution report. Everything is going well but Pacer still shows awaiting discharge. The only thing that I can think of that could be holding my case up is my Lawyer and Car Financer signed a reaffirmation agreement. I am a little confused about the agreement. Will I have to attend a court meeting to see if the judge will approve? Do Judges typically deny these agreements? I am in Oregon and on time with my payments. Any thoughts??
    Filed on 8/30, 341 on 9/30, Report of no Dist 10/7, Discharged and Closed 2/1/11
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    #2
    Hi Maddie,

    The discharge is probably just delayed due to court backlog and the Thanksgiving holiday.

    To be a reaffirmation, lender sends papers to your lawyer, you meet w/ lawyer who goes over a dozen disclosure statements, you sign papers, either lawyer or car lender files the reaffirmation w/ the court. Your lawyer can sign off on the reaffirmation, if not you go to a reaffirmation hearing with the Judge. All this has to be done before discharge.

    If you want to keep the car, stay current on the payments and keep the insurance coverage. If the reaffirmation didn't get filed or gets denied, contact the lender and tell them you plan to stay current and keep the car. Remember that the lender has restriction on contacting you, so you have to contact them.

    Based on posts here, dilly-dallying and the reaffirmation not getting filed in time seems to be a fairly common occurence. Most lenders want your payments, not the car.

    Good luck with this,

    Tom in Colo
    Ch7 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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      #3
      HI
      We live in Oregon too.We must go in front of judge for car reaffirmation and judge didn't aproved but we are current with payments and I am glad that judge didn't aproved,we can keep car and make payments

      Comment

        #4
        Hi...my discharge came just a couple days past the 60 day point.
        I'm sure that as soon as your loose ends get taken care of you will see that discharge.
        Good luck and sending the best to you both.
        filed: 8/10 ...341:10/8/10 ... Discharged & Close: 12/9/10
        "Nothing is easy to the unwilling" Thomas Fuller

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          #5
          Thank you All for your answers and words of encouragement. I just want this whole thing to be done by Christmas. The stress of waiting has been so difficult.

          OregonPilot - you are so lucky it was over so quick!!! Congratulations.

          Tom, you have been unbelievable!! I thank you for always giving us such great advice here on the Boards. You have been more helpful than my Lawyer. THANK YOU!!!

          Sara1 - So even though the judge did not approve, you are just continuing to pay and there is no problems? My Loan is through Chase and I am always on time. If not approved, I will take Tom's advice and call Chase myself. Did the reaffirmation process slow down your discharge, or is it mere coincidence?

          Sorry loditthui - I do not know the answer. If you post that question on a new thread, I am positive someone here will be able to help you. They have been amazing for me!! Good luck.
          Filed on 8/30, 341 on 9/30, Report of no Dist 10/7, Discharged and Closed 2/1/11

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            #6
            ....awww...you're making me blush Maddie..thank you!

            Hey lodittui, yes it goes on Schedule B and you exempt the equity on C and list it on D
            Ch7 filed 5/12/2010.....341 meeting 6/30/2010....report of no distribution 8/15/2010.....discharged 10/01/2010.....closed 11/09/2010

            Comment

              #7
              Maddie,yes it was slow,we was waiting on discharge 3 months because of reaffirmation.The judge didn't aprove but we can keep car and make paymenys.Our loan is trough OPCU.
              Wish you all luck

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