Question Yes: another reaffirmation question.

[damooster]

I filed Chapter 7 Pro Se June 12 and my 341 hearing was yesterday. Today I noticed a Report of No Distribution on my Pacer account, so now I have just my reaffirmation hearing to look forward to (if that ever happens, see below). Naturally, I'm worried .

I signed the reaffirmation agreement with Toyota and mailed it back to them this past weekend. I imagine they will file the paperwork in time; it would be pretty dumb for them not to, right? I'm kind of hoping that they don't file it now that I've read reaffirmation is not in my best interest, but I'm anticipating that they will do it.

Anyways my question is kind of far-fetched, but I thought I would ask anyways...

If Toyota files the reaffirmation paperwork, and I go to the hearing (since I filed Pro Se), can the judge deny the reaffirmation, force me to surrender the vehicle on the spot, see that I now don't have a $340 payment on my monthly expenses and push me in to a Chapter 13? I know that's a lot, but I'm just wondering if that can happen. I have a monthly disposable income of $164 (I could've made this less as I didn't know $167 was the cutoff for presumption of abuse, and I shortchanged myself on some monthly expenses) and that's including my car payment. So, the last thing I want to happen is for the judge to force me to give the car back thus increasing my NMI over the limit and forcing me in to a 13.

Thanks.

[JRScott]

Yes the judge can deny reaffirmation as being to great a burden on you. He may not but he does have the option. Depending on the particular state and district this might not end the item, Toyota could allow you to keep the car without reaffirmation so long as you made timely payments and many states have laws would protect you in this case.

If you shortchanged yourself on your schedules for expenses you could amend those though, however be ready to prove them if you amend.