Reaffirmation agreement on car lease

Anonymous · ‎03-19-2018

Hello

I am going to chap 7 BKR and signed a re affirmation on my leased car. My BKR has not been discharged yet, and I really want out

of the agreement.. I am very upside down on the car, so I am stuck for 2 more years. Also, I just can't afford the payment any more.

My lawyer is not sure if I can get out, and the company we submitted the agreement to, says we can't change our minds.

Is that true?

Scupra · ‎03-19-2018

It worries me that your lawyer isn't able to assist in this situation.. What exactly did you hire him for?

Doing some quick google reading, looks like you may have 60 days or until discharge, whichever comes first.

Anonymous · ‎03-19-2018

That is not true, the bankruptcy judge that is presiding over your BK case will not approve your reaffirmation agreement if he/she feels it's not in your best interest. if your lawyer just sent the reaffirmation agreement back to the lender , at your hearing with the BK judge let them know you want to withdraw your agreement. (you can write to the lender yourself and tell them you wish to withdraw)

Scupra · ‎03-19-2018

@Anonymouswrote:
That is not true, the bankruptcy judge that is presiding over your BK case will not approve your reaffirmation agreement if he/she feels it's not in your best interest. if your lawyer just sent the reaffirmation agreement back to the lender , at your hearing with the BK judge let them know you want to withdraw your agreement. (you can write to the lender yourself and tell them you wish to withdraw)

Source?

DaveInAZ · ‎03-19-2018

Your attorney needs to earn their fee. Tell your attorney to make a filing in your case asking the Judge to disallow the reaffirmation as after reconsideration you now realize you can't afford the payments.

Anonymous · ‎03-20-2018

@Scuprawrote:
@Anonymouswrote:
That is not true, the bankruptcy judge that is presiding over your BK case will not approve your reaffirmation agreement if he/she feels it's not in your best interest. if your lawyer just sent the reaffirmation agreement back to the lender , at your hearing with the BK judge let them know you want to withdraw your agreement. (you can write to the lender yourself and tell them you wish to withdraw)
Source?

U.S Bankruptcy Court Order on Reaffirmation Agreement (from B2400C)(12/15) Section V. Disclosure Statements A1 ,A2, A4 ,A5