Notice of Discharge Hearing Questions

[Maddie]

Hi All,
Today I received a Notice of Discharge Hearing for next month. Silly me, I thought perhaps I was done appearing in Court for the bankruptcy that seems never ending. The letter states that :
"Each Debtor must personally appear at this hearing since agreement was entered into concerning the reaffirmation in whole or in part of a nondischargeable claim or redemption of property". I have a car loan that I was attempting to reaffirm. My Lawyer signed it and so did the Lendor. I had a negative DMI.

1. I was under the impression my Lawyer would attend that meeting and we didn't have to???? Does he attend with us?
2. What happens at these meetings?

Now I am worried yet again and would have never reaffirmed had I known I would have to attend yet another court hearing. Any advice is appreciated.

[despritfreya]

Your Judge has set a Hearing to determine if you understand all of the ramifications of signing the Reaff and whether or not approving it is in your best interest. He/she may or may not approve it and yes, you should appear. The Judge is actually looking out for your best interest even though your attorney signed off on the document.

Des.

[tcreegan]

Hi Maddie, Hi Des,

Des, any clue why it says "nondischargeable" debt, wouldn't a car loan be dischargeable?

Tom in Colo

...almost forgot...Hang in there Maddie, hope this the last appearance for you!

[Maddie]

Sorry Tom, It actually read dischargeable debt, settlement of a nondischargeable claim. My mistake.

Is it too late to rescind the agreement? After review of reaffirmation on this board, it appears that reaffirming is not in my best interest. If I were to rescind, would that jeopardize my Chapter 7? I was negative DMI about 500, my car payment is about 450.

THANK YOU!

[tcreegan]

..ahhh...dischargeable makes sense. You have 60 days to rescind a reaffirmation and since you would still be neg. DMI w/o the car payment you should be good.

In the meantime, don't sweat the hearing....be honest, be brief. It gets denied or approved, if approved you can still rescind it.

Hang in there!

Tom in Colo

[Maddie]

Thank you Des and Tom.