Reaffirmation hearing ?????

[ssmdem]

I keep reading about people having to attend a reaffirmation hearing. I meant to ask my attorney about this today and forgot about it until now when I read it again. She had our reaffirmation agreement with Wells Fargo with her today at the 341, which we signed. Do we still have another meeting in our future? What's the purpose of that hearing? It just hasn't been mentioned by her at all during this process, so I'm guessing we don't -- but wondering why some do. ????

[tcreegan]

Hi ssmdem,

Your attorney can make the req'd disclosures to you and sign off on the reaffirmation. If she doesn't sign off on it, then a reaffirmation hearing gets scheduled and you make an appearance in court. Usually the judge asks if you know the things in the disclosures and why the reaff is not a hardship for you.

Congrats on the smooth 341 !!

Tom in Colo

[ssmdem]

OK good -- so I'm done then -- we just wait to see if Wells Fargo agrees then, right? All my attorney asked was if I definitely wanted to keep the car and reaffirm the loan, which I said yes and then if I was current on the payments, which I am. She said okay, had us sign a few papers regarding it. I make my payments online, and she said they may take away this ability but if they do to call and get an address to send the payments to each month and that I would be fine. Will I get something from Wells Fargo saying they agree to it?

[daylate]

hi ssmdem. check out this thread http://www.bkforum.com/showthread.ph...=reaffirmation

there is a bunch of stuff about Wells & reaffs-just search for those two keywords and you'll find other stuff-looks like WF doesn't play well with reaffs

[ssmdem]

She said yesterday that the info "they" are giving me shows a payment of $$ and an interest rate of XX%. "This looks like exactly what you had before, right?" I took that to mean that the paperwork she had came from them. She even commented at some point, "Hmm, looks like they aren't using the 'new' contracts, yet?" So, I guess I just lucked out cause it sounds like they are the ones who sent her what I was signing yesterday.

[Maddie]

Another side note for you based on my experience in my State. My Attorney and Lendor both signed my reaffirmation agreement. However, since my DMI was negative the Courts scheduled a reaffirmation hearing that I was supposed to attend. In my State, my Discharge would not be issued until after the Hearing so I was delayed a month or so. Florida might be different, but I wanted to share my experience with you. If you do not have a negative DMI and Wells signs your agreement, you shouldn't have to attend a hearing.

[ssmdem]

Wonderful!! Oh yeh, we've got a negative DMI. My attorney has said nothing about this possiblity though, so hoping it doesn't happen. I just want to be done! Even if they do though, at least the hard part is past me.

[tcreegan]

Hi ssmdem,

There are a whole set of disclosures that you have to sign that you read and understood them. And your attorney has to sign a statement that the reaffirmation is not an undue hardship and is in your best interests. She does that, you sign, WF signs, it gets filed w/ the court b4 discharge = reaffirmation. (Unless you are in Maddies district where the judge wants to have the last say.)

If your attorney isn't going to do all the disclosures and approve the reaff, a reaff hearing gets scheduled and it all gets done in court that day.

And remember that if the reaff doesn't get approved, stay in contact with WF and stay current.

And remember that if you change your mind, the reaff can be rescinded anytime within 60 days.

Heres to smooth sailing for you!

Tom in Colo