Question about reaffirm

[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 discharged on 10-07-09 but not closed 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.

[justbroke]

Missing the hearing would only affect the Truck. Since you filed pro se, you are required to attend the hearing. Since you didn't sign any reaffirmation agreement, the Judge should quickly deny the reaffirmation (which the Judge is likely to do anyway if your payments are up to date). This may be a blessing in disguise. Chrysler may let you do the so-called ride-through... I just can't tell you what they will do. Hopefully, if they let you ride-through, you are not too upside down on the vehicle.

It will not affect your Chapter 7 Discharge.

[newlease09]

So what happens if I cannot be at the hearing

[newlease09]

I didn't think I had to go if I wasn't going to keep the car. The hearing is 3 hours from where I live and I cann't miss school nor can my husband miss work.

[DebtEnder]

You do not become personally liable for the debt again.

If you don't pay on it they will come repo the car but that's all they can do. If you do pay on it they may just take the money and leave you alone till it's paid off then give you the title. This is called a ride through.

If they are a-holes they may repo the car even if you are current. However I'm not sure if Chrysler will repo for that or not. I have heard Ford in the past would.

[newlease09]

But what I've been trying to figure out is if I have to be at the hearing. Or what will happen if I don't show up

[DebtEnder]

I would think the judge would do just what Justbroke said. Deny the reaffirm option and finish out the BK case.

[justbroke]

So what happens if I cannot be at the hearing

If you don't show up, the reaffirmation will be denied by default. Look to prior response to see what you may be able to do (ride-through) or even just let them repossesss the vehicle.

[newlease09]

I have no problem with them coming and getting the vehicle. I just want to know if I have to appear if I'm going to let them have the vehicle. When I looked up the case on the judges cases it says MOTION FOR ORDER CONFIRMING NO AUTOMATIC STAY IN EFFECT FILED BY CHRYSLER FINANCIAL . I never signed the agreement.

[justbroke]

I have no problem with them coming and getting the vehicle. I just want to know if I have to appear if I'm going to let them have the vehicle. When I looked up the case on the judges cases it says MOTION FOR ORDER CONFIRMING NO AUTOMATIC STAY IN EFFECT FILED BY CHRYSLER FINANCIAL . I never signed the agreement.

The sounds more like a Motion for Relief from the Automatic Stay! Doesn't sound like a reaffirmation hearing. Since you want to surrender the vehicle now, you wouldn't need to attend that hearing.