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Reaffirmation hearing adjournment?

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    Reaffirmation hearing adjournment?

    Hello all,

    I signed a reaffirmation agreement for my truck, and I have a hearing tomorrow. I do not want to follow through with the reaffirmation after considering the facts.

    I finally reached my lawyer, who informed me that if I do not show up the judge will adjourn, reschedule, and prolong my discharge by about 45 days. He also said there is a chance the judge will throw it out all together. My 60 day mark is tomorrow, the same day as the hearing, and I really do not want to prolong my discharge. Anyone have had their hearing adjourned?

    Thanks for any advice.

    #2
    Why not just show up and then make an oral motion to withdraw or rescind the reaffirmation agreement? You have an unequivocal right to rescind a reaffirmation within 60 days of "singing" it (entering into a reaffirmation agreement).

    Is this reaffirmation with an automobile lender or a mortgage lender?
    Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
    Status: (Auto) Discharged and Closed! 5/10
    Visit My BKForum Blog: justbroke's Blog

    Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

    Comment


      #3
      Originally posted by justbroke View Post
      Why not just show up and then make an oral motion to withdraw or rescind the reaffirmation agreement? You have an unequivocal right to rescind a reaffirmation within 60 days of "singing" it (entering into a reaffirmation agreement).

      Is this reaffirmation with an automobile lender or a mortgage lender?
      Thanks for the reply. It was a truck. I took your advice, I showed up and verbally rescinded the agreement. It took all of 15 seconds. The judge was very nice. I'm glad that is over.

      Comment


        #4
        Originally posted by apathetic View Post
        Thanks for the reply. It was a truck. I took your advice, I showed up and verbally rescinded the agreement. It took all of 15 seconds. The judge was very nice. I'm glad that is over.
        I love it when a plan works! Congratulations on your rescission! I love oral motions... less paperwork! Hopefully you understand the impact of that rescission and, if it's Ford Motor Credit, are prepared to have the vehicle repossessed, regardless of currency of the account.
        Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
        Status: (Auto) Discharged and Closed! 5/10
        Visit My BKForum Blog: justbroke's Blog

        Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

        Comment


          #5
          Originally posted by justbroke View Post
          I love it when a plan works! Congratulations on your rescission! I love oral motions... less paperwork! Hopefully you understand the impact of that rescission and, if it's Ford Motor Credit, are prepared to have the vehicle repossessed, regardless of currency of the account.
          I already verified with Acura financial that because its a joint account and paid to date there would be no repo. My wife, the co signer did not file. The person at Acura also said they do allow stay and pay even if no co signer was on the account. He said they are only interested in being paid.

          Comment


            #6
            I am very glad to read the news that they are not repo-happy like Ford Motor Credit!
            Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
            Status: (Auto) Discharged and Closed! 5/10
            Visit My BKForum Blog: justbroke's Blog

            Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

            Comment


              #7
              Originally posted by apathetic View Post
              I already verified with Acura financial that because its a joint account and paid to date there would be no repo. My wife, the co signer did not file. The person at Acura also said they do allow stay and pay even if no co signer was on the account. He said they are only interested in being paid.
              How refreshing is that to actually hear from a CSR?? I am happy your hearing went the way you wanted.
              ~~ Filed Over Median Income Chapter 7: 12/17/2010 ~~ 341 Held: 1/12/2011 ~~ Discharged: 03/16/2011 ~~
              Not an attorney - just an opinionated woman.

              Comment

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