(Car Loan) Reaffirmation Hearing this week - What to do?

[gman]

I have my hearing Wednesday to reaffirm my auto loan.

I filed Pro Se and have been unemployed since July.

I fully expect to have the judge DENY my reaffirmation request since I do not have employment (and have been relying on family to make ends meet.)

I am current on my auto loan payments and have never even had a 30 day late.

My car has equity (about $2k).

My credit union has told me they have the right to repossess, but are likely not going to do so and if they did - they would give me fair warning (so I do not need to sweat a middle of the night repo.)

I figure best case I end up doing a defacto ride and pay.

I figure worst case the credit union goes to repossess at which point I run by CarMax and sell the car - and use the equity to buy a junker.

I have a job interview next Tuesday - but no pending offer.

My plan is to simply show up at the hearing and see what the judge does. I am not planning on bringing any documents (because I have no paystubs/basis to support my ability to reaffirm.) I figure the decision is solely up to the judge, and again am expecting to be denied.

I am a member of the 60 day club! Neither the Trustee nor any creditors filed any objections!

My case has yet to be officially discharged.

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Q: Would you plan on bringing anything else besides yourself to the hearing?

Q: Do I even bring up the job interview or stay quiet?

Q: Is there anything else you would do if you were me?


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THANKS TO ALL WHO HELP!

[debee]

If you have a family member willing to make the payment for you and you want to reaffirm, you could bring that up. Third party assistance is an acceptable rebuttal to "undue hardship" caused by negative DMI. But as you say, if your credit union said they aren't likely to reaffirm maybe you would be better off not coming up with an effective rebuttal and trying for a ride-through.

(& Congrats on your admission to the 60 day club!)

eta: I don't know how it differs with pro se filers, but I've read that the whole "undue hardship" doesn't matter when the creditor is a credit union. If you had been represented by an attorney the reaffirmation would have been filed even with negative DMI. I know you have to have a hearing on it because you're pro se, but not sure how the the undue hardship thing will play out. So please be sure to come back and post what happens.

[tcreegan]

Hi gman,

I would tell the judge I was hoping for employment to be able to afford the car payment, but nothing has come through and w/o that, the car is more than I could afford.

Around here there are commercials that have a guy going "approve! approve! approve!" ...when I see it, I think of your judge going "deny! deny! deny!"

Tom in Colo