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Reaffirmation Confusion

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    Reaffirmation Confusion

    I filed statement of intention to retain my car and reaffirm. The auto loan is with Santander. I was current on payments only because I paid past due to have the car released to me after repo. I haven't heard from Santander. Neither have I received notice from court for reaffirmation hearing or denial of agreement. Should I have heard from Santander? Should I have contacted them to come up with reaffirmation agreement? The deadline for creditors to file objection to disharge is Monday (4/18/11). Will Sandander contact me after discharge to reaffirm? If the disharge is granted without signed agreement, does this mean they have right to repo after Monday? Please help

    Filed Ch 7 1/14/11
    Meeting of Creditors 2/17/11

    #2
    I don't believe that Santander requires reaffirmations. You are too late to do anything about it now. In any event, you should have contacted Santander's bankruptcy department, after filing, and ask for a reaffirmation agreement. I don't even know what you owe on the vehicle or what it's worth, but a reaffirmation may not be worth it anyhow.

    When you file pro se, you have to stay on top of things that you want done. Many things don't happen automatically. There is no automatic reaffirmation. You must contact the lender and ask for the papers to be sent. I did this with Santander and reaffirmed. I made sure that I kept in contact with their BK department. (I have just refinanced it with Navy Federal for the number of months left on the Santander loan; NFCU dropped my interest rate SIGNIFICANTLY, but that's another story.)
    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.

    Comment


      #3
      Originally posted by NOMODEBT4ME View Post
      I filed statement of intention to retain my car and reaffirm. The auto loan is with Santander. I was current on payments only because I paid past due to have the car released to me after repo. I haven't heard from Santander. Neither have I received notice from court for reaffirmation hearing or denial of agreement. Should I have heard from Santander? Should I have contacted them to come up with reaffirmation agreement? The deadline for creditors to file objection to disharge is Monday (4/18/11). Will Sandander contact me after discharge to reaffirm? If the disharge is granted without signed agreement, does this mean they have right to repo after Monday? Please help

      Filed Ch 7 1/14/11
      Meeting of Creditors 2/17/11
      Did you ever get a reply back from Santander? I'm in the same boat as you --I've contacted their BK dept to request re-affirm paperwork but have not yet received it (it's been over a month and I've already had my 341) -- I filed pro-se and they keep saying their atty will send to me, but I have not yet received anything.

      Comment


        #4
        Santandar assigns their BK claims to Ascension Capital Management (in most cases). These are the people that you will usually deal with for a reaffirmation. If you contact Santandar, ask them for the phone number for Ascension and see if that works.
        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.

        Comment

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