Reaffirming Car Loan

[nomore008]

At the 341 we told the jidge that we wanted to keep the car we still have a loan on, there was no objection to that. The lender was late in sending the lawyer the reaffirmation papers. But we signed them and the lawyer faxed them back to the lender. I had to go out of town as my mother was very sick. I take a look on Pacer to see if we have been discharged yet, it was due to be discharged on Dec 17., I expected a bit of a delay due to the lateness of the reaffirmation of the car.

They did ask how we were going to pay for it on the paper work.
The plan was to pay the car off after discharge with some of hubby's retirement money, but the paralegal said we really counldn't say that on the paper work. So we stated that because of teh BK our monthly bills were lower and we could afford the car payments

On Pacer I found that there is a hearing scheduled in Jan. So my question is... Is this hearing the norm and do we attend? Or is the lender questioning if we can afford to keep paying for it? Are we in jepordy of losing the car?

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[justbroke]

On Pacer I found that there is a hearing scheduled in Jan. So my question is... Is this hearing the norm and do we attend? Or is the lender questioning if we can afford to keep paying for it? Are we in jepordy of losing the car?.

Do you know what the Scheduled hearing is for? Did your attorney mark the Presumption of Undue Hardship box? Otherwise, since you're represented, the reaffirmation should NOT have resulted in a hearing.

By the way, a reaffirmation is deemed valid if it is signed by both parties -- entered into -- prior to the discharge. If the lender signed it and filed it with the court, then the only issue is that the undue hardship box was checked by your attorney (or you're pro se, which you are not). The hearing will determine whether it's a hardship or not.

Generally speaking, if you pay your bill on time, the lender won't do anything since you attempted to reaffirm the debt.