Reaffirmation for Car, shows in PACER now what?

[winterheart]

So we signed a reaffirmation (We have the box checked for "Presumption of Undue Hardship)for our car we want to keep (only have 10 payments left). Sent it off to the lender (GMAC/Ally) about a week ago, today it shows in PACER:

"Pro se Reaffirmation Agreement Between Debtor and Ally Financial Inc. f/k/a GMAC Inc. Filed by Creditor Ally Financial Inc. f/k/a GMAC Inc."

Question is.... what now? Will I be notified of a hearing date? Will we have to go in front of the judge? Does this jeopardize our discharge or change any of the dates we are waiting to clear?

Thanks!

[winterheart]

Ok update we now have a hearing date! Weirded out that the hearing is schedule for day after our 60 day mark(!?)
I notice in the hearing paperwork it says: "If the Debtor(s) choose(s) not to appear at the hearing noted above, the Reaffirmation Agreement will be disapproved and declared unenforceable."

If I understand this all correctly:

- I don't want the judge to let me reaffirm
- GMAC/Ally Should let me ride through since I am current

So question is... if I skip hearing what would happen? The way I read it they toss the reaffirmation and I can just continue. Am I missing something?

[tcreegan]

Hi winterheart,

You're not missing a beat....skip the hearing and the reaff gets denied, stay current, enjoy the ride!

Tom in Colo

[debee]

GMAC/Ally Should let me ride through since I am current. So question is... if I skip hearing what would happen? The way I read it they toss the reaffirmation and I can just continue. Am I missing something?

I would confirm this with GMAC. If they will let you ride-through, then you can skip the hearing and go your merry way. If GMAC is not okay with ride-thru, then you should go to the hearing. The judge may deny the reaffirmation anyway, but it would be in your best interest to at least appear and offer some kind of weak but earnest-sounding rebuttal.

[winterheart]

I would confirm this with GMAC. If they will let you ride-through, then you can skip the hearing and go your merry way. If GMAC is not okay with ride-thru, then you should go to the hearing. The judge may deny the reaffirmation anyway, but it would be in your best interest to at least appear and offer some kind of weak but earnest-sounding rebuttal.

That's what I was afraid of. We look on paper to be negative about -1700 a month, not sure how I would convince them that am somehow magically going to have the money without either:
A) Lying
B) Telling him I am not going to pay a bunch of other bills just to keep the car

Either way I am almost 100% sure the judge is going to deny. My attorney basically said the judge will most likely deny and that's what I would want, but he made it sound like I need to go to the hearing. I am looking at it as if the outcome is the same either way why go? Obviously I don't want to piss off the judge but at the same time it's hard to get off work and make the trek all the way downtown, but I'll do what I have to do.

Reality is we can make the payment it's a priority and we haven't missed one ever on it. Guess I'll call GMAC today and see if they will talk to me. Last time I called they wouldn't really say much to me (I am guessing to be careful not to violate the stay?) Thanks for the advice everyone!

[winterheart]

Spoke with GMAC/Ally. They said as long as we keep current with the payment they will allow the ride through assuming the judge denies the reaffirmation. So sounds like I can skip the hearing.... just feel weird about skipping the hearing like the judge will be pissed if I don't show and then cause issues with the discharge. Am I just being paranoid?

[debee]

Great news about GMAC. At least you don't have to worry about having the car taken if the reaff is denied, which it probably will be. I know some districts hold "discharge AND reaffirmation" hearings simultaneously and if you're supposed to attend and don't, it can result in case dismissal. It sounded like your notice didn't contain that kind of language but I don't know. Might be a good idea to tell your lawyer that GMAC said they won't repo & see what he says about the hearing.