Motion to Reopen Chapter 7

[RLP]

My chapter 7 was discharged appx 30 days ago. In my original petion I stated that I intended to keep both the house and car. Reaffirmation agreements were not signed (not received) and payments continued to be made on-time. Last week Ford Credit repoed my car because a reaffirm agreement was not completed. They said they sent it to my attorney and the attorney says they didnt receive it.I want to keep the car and have signed the affirm agreement. I am waiting for the attorney to file the motion to re-open (paid her a week ago). Is the court going to approve the reaffirm and will Ford Credit do the same. Should I contact my Mortgage company and ask to complete a reaffirm or sit back and do nothing. I am concerned of the time delay that the car will go to auction before the case is resolved. Can Ford put the repo on HOLD until it is resolved? The car is in my name only and the house is in both wy wife's and my name. The bankruptcy was for me only (wife did not file). Thanks

[biotechsolution]

If you were current on your payments you need to check you state civil laws regarding payment contracts. It depends on how your local courts treat the bankruptcy filing in your contract, it may have not been legal for Ford to repo if you were current.
Otherwise I can't see why Ford wouldn't work it out with you on siging an reaffirm agreement.

[IamOld]

For what it's worth guys, my atty lists Ford as an outfit that needs "special handling."

[AngelinaCatHub]

For what it's worth guys, my atty lists Ford as an outfit that needs "special handling."

Yes, I have heard they are not tolerant of bankruptcy and also do not like reaffirmations. Not being a Ford customer I don't know how their standard financing reads. Perhaps in the fine print, a bk could cause a repo. I don't know, but normally, paying as agreed is the law. It just depends upon what the contract stated. (How many of us read the microscopic legalese?) 'Hub

[btbeme]

The BK laws are quite clear on reaffirmations and the timeline in which they can be filed. I believe you are too late, no matter what.

As far as the mortgage, I'd bet that the lender will simply be happy to receive your ON TIME monthly check and will do nothing. Ford, on the other hand, has a hair trigger as you have found out.

Others may have a more informed opinion or suggestion, but I would certainly talk to Ford and see what can be worked out. Expect it to be a little more costly than your original payment. But, I suggest that you move fast. Car auctions in Phoenix are held weekly, and most of them are repos...not sure how fast FL is in allowing the resale of a repossessed car.

Or, go to a repo auction and see what you can find, better and cheaper than your recently liberated vehicle. You might be surprised.

[Scooter10]

My chapter 7 was discharged appx 30 days ago. In my original petion I stated that I intended to keep both the house and car. Reaffirmation agreements were not signed (not received) and payments continued to be made on-time. Last week Ford Credit repoed my car because a reaffirm agreement was not completed. They said they sent it to my attorney and the attorney says they didnt receive it.I want to keep the car and have signed the affirm agreement. I am waiting for the attorney to file the motion to re-open (paid her a week ago). Is the court going to approve the reaffirm and will Ford Credit do the same. Should I contact my Mortgage company and ask to complete a reaffirm or sit back and do nothing. I am concerned of the time delay that the car will go to auction before the case is resolved. Can Ford put the repo on HOLD until it is resolved? The car is in my name only and the house is in both wy wife's and my name. The bankruptcy was for me only (wife did not file). Thanks

It appears you are too late and even if you wanted to reaffirm it does not seem Ford would have done it anyways. The car is one thing and that is very sad, but for the house...please review carefully before even considering reaffirming this. BK is a reset in life and you have a budon lifted off your shoulders by not being liable for you mortgage. You never know what will happen later on in life (disability, loss of job......) where you can not pay the mortgage. It is also very unlikely that the mortgage company will go thru the forclosure process if you are paying it. They take hugh hugh hugh loses on home foreclosures. Hopes this helps. Sorry about the car.