Reaffirmation Agreement Hearings

[daennera]

I filed my reaffirmation agreements for my mortgage and my truck loan about a month ago. I'm pro se, and from everything I read that means I need a hearing on them before I can get my discharge. I filed both agreements with a summary and a motion. I have yet to receive a notice of when this hearing is to be held. Does anyone know how long I should wait before filing something to force a hearing? I filed in the Northern Indiana district if that makes a difference.

[LadyInTheRed]

Did you file a separate motion for hearing per Local Rule B-4008-1(b)?

B-4008-1
Discharge and Reaffirmation Hearings
(a) The court will not hold hearings concerning any reaffirmation agreement unless a motion to
do so, signed by the debtor and, if the debtor is represented by counsel, debtor’s counsel, is filed with
the court.
(b) A motion for a hearing concerning any reaffirmation agreement shall be filed as a separate
document and not incorporated into any other filing.

http://www.innb.uscourts.gov/pdfs/LocalRules.pdf#pagemode=bookmarks&page=1

If so, have you checked PACER for a hearing date?

[LadyInTheRed]

Wait!!!! Why are you reaffirming your mortgage? Please read this thread which was started by a BK attorney: http://www.bkforum.com/showthread.ph...-very-bad-idea

Even reaffirming your truck could be a very bad idea.

Here's the next local rule I hope you'll need after reading that thread.

B-4008-2
Rescission of Reaffirmation Agreements
(a) Court approval of the rescission of a reaffirmation agreement is not required.
(b) Should a debtor choose to rescind a reaffirmation agreement with any creditor, notice of
rescission shall be given to the creditor at the address set forth in the reaffirmation agreement and,
if known, to creditor's counsel within the time required and a copy thereof filed with the court.
(c) The failure to comply with paragraph (b) will not affect the validity of a rescission which
otherwise complies with 11 U.S.C. § 524(c)(4).

[daennera]

I'm reaffirming the mortgage more as a formality. There's no way unless a full series of unfortunate events were to happen could I not pay it. Also, I'm not financed through Bank of America or some other huge conglomerate, my bank may have a reason to want to take the house back and auction it. For my position, signing the reaffirmation on the mortgage was the thing to do.

[daennera]

Yes, I filed a motion with each reaffirmation agreement for court approval of the agreement. I did however hand it to the same clerk at the same time I filed the reaffirmation itself. Does that not count as a separate filing?