Reaffirmation Agreement Question

[poorold]

When we filed 3 months ago, there were about 5 payments left on my wife's car. On our Statement of Intentions, we are reaffirming the auto loan.

When I called the BK department of VW, the gentleman looked at the account and was not concerned about a reaffirmation agreement because of so few remaining payments.

We have paid the car off and are now on day 52 of 60 in the Middle District of Florida.

Do I need to do anything?

[StartingOver08]

Sounds like you are in good shape. Did you check with the BK dept about how long it would take to get the title from them after you are paid in full? I would get whatever they say in writing....

[poorold]

it took less than 2 weeks to get it.

the thing is, when I filed there was something to reaffirm. now there is not. i thought when you filed pro se, reaffirmation hearings were required...

[justbroke]

the thing is, when I filed there was something to reaffirm. now there is not. i thought when you filed pro se, reaffirmation hearings were required...

You don't get a reaffirmation hearing until the reaffirmation agreement is actually filed with the Court.

Since your lender neither issued a reaffirmation agreement for you to sign, nor filed the signed reaffirmation agreement with the Court... there is no hearing and nothing to do.

Congratulations on being at Day 52!

[poorold]

Thanks justbroke.

I'm actually more nervous now than for a while. Only 8 days to go but the trustee has not yet filed "no asset." He filed "341 held and concluded" and I know he was going to review exemptions and he said we might be hearing from him.

Nothing so far and the 30 day period to challenge exemptions has passed.

I just wish he'd file the no asset thing and be done with it.

[AngelinaCat]

Hi poorold:

You are in the Middle District like we are, and things are backlogged. One of the hardest tasks now as you count the days down is being patient.

Good luck to you!

[poorold]

Thanks AngelinaCat.

[brokeballer]

Just a thought. Wouldn't it have been better to pay off the car after your BK was closed? Since you paid it off, isn't it now an asset? Is it listed as an exemption?

[justplaintired]

I am a little confused about something. Where are you looking for no asset on Pacer? Soon after our 341 Pacer stated no distribution. When opening our case # on Pacer it states "no asset". Am I missing something somewhere? Should it say something beneath our history on Pacer after the conclusion of our 341 besides Trustee's report of no distribution?

[justbroke]

I am a little confused about something. Where are you looking for no asset on Pacer?

Right at the top of the screen (after you search for your case). that main summary screen has a bunch of things at the top, including your name(s), case number, Judge, etc. one of those reads "Voluntary" and the other reads "Asset". The Asset designation will say "yes" or "no".

So, you are looking at the right spot. The Trustee's Report of "no distribution" just validates that it is actually a no asset case and that no distributions were made.

[newlease09]

Have a question about reaffirmin on truck. We were going to reaffirm, but didn't send the papers in on time and even though we've been current on payments chrysler sent in papers for reaffirm hearing. I cann't go to the hearing cause I cann't miss school(started fast track nursing program) so I'm going to let them have the truck. Will not going to the hearing affect my chapter 7? I'm over 60 days and I'm assuming not discharged cause the hearing isn't till Oct 19. And the truck was listed as a monthly bill in papers, but filled business debt. Any help will be greatly appriciated.It's been a long road and ready to start over.