I know I'm beating a dead horse with this, re: reaffirmation on vehicles-sorry!!!

[basketsbears]

Hi,

I know I keep bringing this up, but I really, really do not want to sign an affirmation agreement when we file next week. My husband wants to as he doesn't want vehicles repossessed. (Lender Ally on both). I am just worried if something would come up, I don't want to be on the hook for the balances on our vehicles. My name is on both vehicles, husband's name is just on one of the vehicles. My name only is on the most expensive vehicle.

Attorney is going to try and renegotiate terms, etc, so that would be better. I have read so much here about people paying & keeping cars, and not to reaffirm anything, I am scared to do it. Attorney has just said if we don't sign just plan on vehicles being repossessed. If we actually surrender, one, then we could be put in a 13.

So, when we file Wednesday (that sounds so good) we will say intentions are to reaffirm cars (not house), but there will have to be some type of "deal" for me to actually sign. Is that wrong?????

Thanks again everyone - sorry I keep bringing this up. My gut tells me not to sign and I can't let it go . . .

Lynn

[malf1204]

I have Ally and I did not re-affirm. They send me an "informational" statement every month and it state"Your loan has been discharged in Bankruptcy. You may continue to submit your monthly payments and retain possession of your vehicle. If you fail to submit your monthly payment your vehicle may be repossessed". I am one year post discharge. Call them. They have a policy of letting you retain your vehicle without reaffirmation as long as you are current and maintain valid insurance.

[basketsbears]

I have Ally and I did not re-affirm. They send me an "informational" statement every month and it state"Your loan has been discharged in Bankruptcy. You may continue to submit your monthly payments and retain possession of your vehicle. If you fail to submit your monthly payment your vehicle may be repossessed". I am one year post discharge. Call them. They have a policy of letting you retain your vehicle without reaffirmation as long as you are current and maintain valid insurance.

Thanks so much. Did you originally state your intention was to reaffirm, or did you put something like pay and retain??? I am going to see if my lawyer can submit different terms just to see what happens. Thanks again.

[malf1204]

Yes I originally said I wanted to re-affirm they sent me the paperwork and I signed it and they filed it with the Court. I went to the hearing and asked the Judge to deny the agreement because I was worried about being liable for the payment if I lost my job or something. He denied the agreement. If your attorney refuses to endorse the agreement there will be a hearing and just ask the judge to deny it. There is some belief that if you go through the motions, sign and file the agreement and it is denied that satisfies your burden under the law.

[Tater]

We stated on our petition that it was our intention to reaffirm our better vehicle. As our lawyer told us, it was only an intention and we could change our minds. We continue to make our monthly payments but we haven't gotten a statement since we filed. If the lawyer gets a great deal, then we will reaffirm, but we will probably just pay the bill every month as usual. Good luck on filing Wednesday, I know it's been a long time coming for you guys!!