Is California a ride-through / keep and pay state?

[michelle1181]

I am nervous about my reaffirmation being approved by the judge. Does anyone know specifically if the state of California allows this, and lastly, if Santander (my lender)allows this as well?

[ruttie]

can anyone give me some info? my attorney states that a reaffirmation only goes towards a judge for a pro se filer?

[phoenixII]

Your attorney should clarify this for you! If you are filing with an attorney & your attorney signs of on your reaff agreement then it is reaffirmed. You can rescind reaffirmation up till discharge or within60 days of executing reaffirmation if you change your mind. If you are filing bk Pro Se, then you have to go before the judge to get judge to approve it.

[ruttie]

actually our attorney said they do not feel good about signing off on our reaffirmations, because the payments are high. but we need the truck to pull the camper, to live in. they said that we sign, it gets filed with the courts, then without their signatures, it goes before a judge, it may get vacated which means the same as denying it, but we do want a denial anyways. with a denial, we have in good faith proceeded to reaffirm the debt, but the judge believed that by reaffirming the debt that it would put undue hardship on us, so in the future, if we would, don't expect this will happen,but you can't be too sure about anything now adays, the lender could take back the vehicle, but cannot hold you personally liable for the difference. therefore, they cannot try to get a judgement on the difference of what the vehicle sold for & what you owed.