Honda Car Lease help

[widow]

I have a car lease with two years left. I assumed the lease in my filing. But, Honda sent a reaffirmation agreement. Will I have to go to court to get this approved? Do I now need an atty?
I had my 341 meeting last week.
Filed pro se chapter 7

[NoMoreCards]

Back when I filed Ch 7, I had 2 leases with Honda. I did the reaffirmation paperwork for one, and surrendered the other.
Although with a lease, it is actually not a reaffirmation but a assumption of the lease, they used the reaffirmation paperwork.

You should be able to fill it out yourself, but you will more than likely have a court date for the judge to see if it is a hardship and approve (or deny).
It was a simple hearing, and you could handle it yourself.

That being said, seriously consider if you really want to do that. I assumed one lease simply because it was my daughters car and I was a co-signor with her. She made all payments and paid off the car, returned the lease at the end. I chose to return the other lease because i was WAY over on the allowed millage. They have a hefty charge for that. I do not regret my decision.

If I were in your shoes, I would highly recommend returning the lease and buying another car outright. When I replaced my Honda, I bought a 17 year old car and drove it for 2 years without a high car payment or higher insurance payment.

You can find nice, reliable used cars and not have a car payment at all. Keep in mind, when your lease is over you either return the car (and then have no car), or you can buy it outright and continue to have a car payment for 3-5 more years after the lease is up. Personally, this is not a good way to start your "fresh start". Not a very good choice IMHO.

I wish you the best with whatever you decide.

[justbroke]

I have a car lease with two years left. I assumed the lease in my filing. But, Honda sent a reaffirmation agreement. Will I have to go to court to get this approved? Do I now need an atty?
I had my 341 meeting last week.
Filed pro se chapter 7

I worte in another thread that "some" creditors want a reaffirmation agreement, even though it's technically an assumption of the lease. If "enter into the reaffirmation agreement" before discharge, you can file the agreement and the clerk should set a hearing since you are Pro Se.

At the hearing the judge may or may not allow you to reaffirm the lease. Even if the judge denies it, which is what you want(!), the creditor will not be able to repossess unless you fail to pay. Do not even be a day late if you are keeping the vehicle! Do not give them a reason.

Anyhow... best of luck! (You do not need an attorney to fill it out. The Judge will decide if it's a "burden".)

As mentioned, you really need to determine if continuing the lease is in your best interests, financially!

[widow]

Thanks for writing. What if I don't file a reaffirmation and i am current? Do they take the car? I don't really care after everything I have been through. I just have to take it a day at a time. I wish I had a cheaper reliable car. But, because of the situation and all I have lost, I don't have the strength right now to figure out something else.

[justbroke]

Thanks for writing. What if I don't file a reaffirmation and i am current? Do they take the car? I don't really care after everything I have been through. I just have to take it a day at a time. I wish I had a cheaper reliable car. But, because of the situation and all I have lost, I don't have the strength right now to figure out something else.

Yes. If you don't take steps to positively assume the lease, it is rejected. Technically, whether you merely making it known on your Statement of Intentions that you are assuming the lease is "enough" is a matter of law. (I can't tell you how they could rule in your District as it's a legal question.) If the lender requires you to reaffirm -- probably because you're Pro Se -- then that may be enough to say that you must reaffirm in order to keep the lease, otherwise you must surrender (reject the lease).

It's partially up to you and partially up to your lender. They may not do anything if you continue to pay on time. However, the smart lender/lessor would take your failure to "assume" the lease as a rejection and may seek to repossess... even if you are current.

I would say that if you need transportation for work or other reasons, you really need to have a plan.

[widow]

Hello:
I filed the reaffirmation agreement. I see on pacer there is a hearing for March 25th. My question is..my discharge is supposed to be around March 12th. Does a hearing later in March for a car lease reaffirmation, delay the discharge until after the hearing?
pro se chapter 7 Florida
Thanks in advance

[justbroke]

I filed the reaffirmation agreement. I see on pacer there is a hearing for March 25th. My question is..my discharge is supposed to be around March 12th. Does a hearing later in March for a car lease reaffirmation, delay the discharge until after the hearing?

This does not delay the discharge. A reaffirmation agreement only needs to be "entered into" prior to discharge. Since you have signed the reaffirmation, and the creditor has signed and filed the reaffirmation, it is set for hearing since you are Pro Se.

[widow]

Thank you for your response. I could not find an answer to that question anywhere. I am happy that it won't delay the case.