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Wanting to hear auto reaffirmation hearing experiences

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    Wanting to hear auto reaffirmation hearing experiences

    Can you share your reaffirmation hearing experience please? I've searched the boards and have found anything from, the judge just explained what a reaffirmation was and asked if we understood to the judge asking all sorts of questions about income and expenses and details about the car. Just wanting to add to those. I know it varies due to the judge. They did not ask us to bring anything to be prepared. Do they just expect you to know stuff off the top of your head? Our attorney said to just say that we've had an increase in income and keep it short and sweet. They said he's too busy to really review the case so he probably won't do much digging.

    Chase filed our reaffirmation the day after our discharge. The case was closed then reopened to have the hearing so I get to stress about it for another month. We did have our attorney sign the agreement but at the time there was undue hardship because it was using our unemployment and showed like -$2,000. I've come to find our that my attorney has zero understanding of reaffirmation agreements. Since signing the agreement my husband has got a job so we can afford the payment. We owe $5,000 on a truck worth $14,000 and the payment is $196 for 2 more years. I actually don't care if he approves it or not. We have been completely current and I know they wouldn't take it. My attorney thinks it would not be best to rescind the agreement because then they can take the truck. I'm not crazy about answering a bunch of income questions or supplying paystubs because even though we are still barely under median we now have a positive dmi (a lot because we are foreclosing the house and payment goes from $1300 to $600). I know I'm probably worrying over nothing but it's what I do best. I mean we'd be talking about a reversal of discharge based on totality of circumstance for what, a few hundred dollars of dmi? I'm crazy right?
    Filed: 6/23/10 341: 7/22/10 discharged: 9/21/10

    #2
    You should follow your attorney's advice unless you don't like his advice. You are in a precarious position indeed, but since you have positive equity, I don't think this will be an issue, since any future "unknown" repossession would not have you "owing" money to the lender.

    It is true that rescinding the reaffirmation agreement "may" allow the lender to repossess in certain States. Usually the Judge just explains what reaffirmation is and then asks how you'll be able to afford it.
    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.

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      #3
      I didn't reaffirm mainly because I owed 20k on a van worth about 14k. Decided to not keep the van and they repo'd after two non-payments. If you feel you can afford it and there will be no more hardships, that's a pretty low payment and you have equity.

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