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I think my attorney is wrong...

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    I think my attorney is wrong...

    she is telling me we have to rescind on our vehicle before discharge but I thought it was 60 days after the reaff was filed with the court whether we are discharged or not, which would give us until the end of this month. She is saying we have to do it right now because we are due to discharge literally any time now.

    Does anyone know if there is an actual bk code for this? If there is I have no idea how to research something like that. I would like to have something concrete to reply to her with.

    Thanks for any and all help with this matter.
    Filed Chapter 7 April 29th, 2010
    341 June 1st, 2010
    Report of No Distribution June 2nd, 2010
    Discharged and Closed 8/10/2010

    #2
    According to this web site "You have the right to cancel (rescind) any reaffirmation at any time prior to the entry of your discharge or within 60 days after the reaffirmation agreement is filed with the court, whichever occurs later."

    Hope this helps.
    Filed Chapter 7 July 2010
    Attended 341 September 2010
    Discharged November 2010 Closed November 2010

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      #3
      Everything I can find says 60 days after filed OR discharge date, but I don't know where in the code it specifies.
      Get mortgage modified: DONE! 7 months of back interest payments amortized, payment reduced over $200/mo
      (In the 'planning' stage, to file ch. 13 if/when we have to.)

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        #4
        That's what I thought!

        I looked at my reaffirmation agreement and it states that we have 60 days from the date the reaff was filed with the court or discharge, whichever occurs later. I'm wondering now if she says it needs to be done before dicharge to avoid having to pay her a fee to file it.

        Waiting to hear back from her....

        Thank you both!
        Last edited by jdcat; 08-06-2010, 12:41 PM. Reason: spelling
        Filed Chapter 7 April 29th, 2010
        341 June 1st, 2010
        Report of No Distribution June 2nd, 2010
        Discharged and Closed 8/10/2010

        Comment

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