Reaffirmation Agreement-Not Approved by BK Trustee

[1richard1]

Both myself and my Ch. 7 BK attorney signed our auto loan reaffirmation. It was indeed filed with the court, viewable on Pacer. However the BK "trustee" never signed, nor approved the reaffirmation agreement.

Is a reaffirmation agreement valid without the BK trustee approving it? Meaning although I signed it, along with my BK attorney signing it and filing it with the court is it still valid? Or does it become a "pay as you go" if not signed by the BK trustee-judge?

I had signed it because the interest rate was 5% on the auto loan, equity in the vehicle, plus for credit re-establishment so that it would be an open trade line on my credit.

[sh9730]

As I understand it - IF your attorney signs (approves) then there is no need to have the judge or trustee approve it. As long as properly filed it is a valid reaffirmation. My auto lease was reaffirmed and was only signed by my attorney.....

[1richard1]

Appreciate the input. I just now reviewed our reaffirmation agreement documents on Pacer. The agreement was signed off by my BK attorney, and so no motion was filed by the court for them to approve it. So, my understanding is with the attorney approving it and appears each page was completed properly then it's valid. The "proof of service" form is left blank even too.

[Nufsayd]

I may be wrong, but doesn't the judge have to approve the re-affirmation agreement?

[SMinGA2]

I believe it only has to be approved if you're filing pro se. When you have an attorney representing you, the attorney is supposed to act in your best interest.

I may be wrong, but doesn't the judge have to approve the re-affirmation agreement?

[Nufsayd]

To be on the safe side...I would double check...because I read some cases in which the attorney and client signed the papers....but the judge didn't approve it because he didn't believe it was in the best interest of the client.

[tobee43]

that fine, just do the ride through option as long as you signed it and want to keep the car the creditor should be ok with it.