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When to Contact Re Reaffirmation?

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    When to Contact Re Reaffirmation?

    I have the NOLO book and maybe it's plainly stated therein, but I can't figure out at what point I am to contact my car lender to advise them I would like to reaffirm my loan. I do that before I file, right? So I have the reaffirmation paperwork attached to the rest of my BK packet? How far in advance is good. I want to file the last week of this month (so I have a fresh new year).

    Oh, and I really, really thank you for being here. You have literally saved my sanity over the last couple of weeks!
    11/09 - Ran out of money - 1/4/10 - Filed Chapter 7 (Pro-Se) - 2/16/10 - 341 Meeting -6/17/10 - Reaffirmation hearing (auto) - DISCHARGED 7/6/10m CLOSED 7/26/10

    #2
    call them after you file. You have somewhere around 45 days in most districts after your 341 to file reaffirmation papers.

    If you're not represented by an attorney, you'll typically have to go to a hearing with the judge to get reaffirmed.

    Originally posted by HGolightly View Post
    I have the NOLO book and maybe it's plainly stated therein, but I can't figure out at what point I am to contact my car lender to advise them I would like to reaffirm my loan. I do that before I file, right? So I have the reaffirmation paperwork attached to the rest of my BK packet? How far in advance is good. I want to file the last week of this month (so I have a fresh new year).

    Oh, and I really, really thank you for being here. You have literally saved my sanity over the last couple of weeks!
    Filed Pro Se: 10/16/2009
    341 Scheduled: 11/23/2009
    Last Day for Objections: 1/22/2010
    Discharged: 1/28/2010

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      #3
      I contacted my Credit Union regarding reaffirming a car loan about 4 days after I filed. They had the paperwork ready to go at my 341. I did have to modify my schedules to show positive DMI to get my lawyer to sign off on it. If I'd have know that in advance I could have saved the $150 for the modification fees. At any rate if you are filing pro se you will need to show positive DMI or expect the judge to balk at signing off. If you have a good explanation you might get them to sign off, but it's best to go in with a slam dunk case.
      Case Closed > 2/08/2010

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        #4
        Thanks all for the info.

        I will have a positive DMI (just baaarrrly breaking even) including the car payment. If it turns out that the car payment will put me in a bad place financially after the BK, I will be happy to let it go. I am so tired of being burdened by debt. You can't imagine. Well, then again - you can.

        Thanks again!
        11/09 - Ran out of money - 1/4/10 - Filed Chapter 7 (Pro-Se) - 2/16/10 - 341 Meeting -6/17/10 - Reaffirmation hearing (auto) - DISCHARGED 7/6/10m CLOSED 7/26/10

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