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Reaffirmation hearing (auto) ?

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WildestDreams
Regular Contributor

Reaffirmation hearing (auto) ?

Ahhhhhh so I was supposed to be getting a discharge for my C7 yesterday or the day before and now its delayed because the court wants reaffirmation hearing for my car, laywer says don't worry but now if couse im worried, anyone have this happen? I don't even like the car but i do have some equity (all protected) but why at the last second would they decide to do this?

 

 

*** Update 11/14 - not sure this will ever help anyone but my nightmare of a borderline incompetent lawyer and poor luck contiunes-

I don't have a meeting set up, my laywer made that up as a reson why he was wrong about the discharge and now isn't responding, so much for the 'best in my area code' anyway per the court clerk my reaffirmation agreement has been in the 'judges chambers' since 9/14 - so 2 months, it is waiting for processing and I may or may not need a hearing, they cannot provide a timeline, it could be reviewed tomorrow it could be reviewed in 6 weeks or longer, just FYI for anyone signing one of these incase your lawyer doesnt tell you this can delay discharge months



BKCH7 - Discharged Dec 2022
Message 1 of 12
11 REPLIES 11
FireMedic1
Community Leader
Mega Contributor

Re: Reaffirmation hearing (auto) ?

Did you sign any reaffirmation papers or letting it go? They're sent to the lenders to let them know if your going to affirm/reaffirm.


Message 2 of 12
WildestDreams
Regular Contributor

Re: Reaffirmation hearing (auto) ?

I signed and they were filed on 9/15. I have equity in the car so my lawyer said it was the best thing to do, didn't mention a hearing until today and apparently there isnt even a date yet. Trying to listen to him and not worry but literally was supposed to discharge yesterday so the timing is a bit troubling



BKCH7 - Discharged Dec 2022
Message 3 of 12
WildestDreams
Regular Contributor

Re: Reaffirmation hearing (auto) ?

update incase anyone else ever goes though drama like this...

 

if only my lawyer was honest and said reaffirmations can delay you months I wouldn't be extra screwed. My reaffirmation papers were submitted and logged into pacer by the bank on 9/14 - I was never informed i'd need a reaffirmation hearing, was only told i'd be discharged around 11/1 (thats another story) anyway here we are on 11/23 - no meeting has been scheduled AND according to the court clerk my papers from 9/14 haven't even been reviewed yet. It could take a "few more months" before my papers are even looked at, then another month or so for a meeting to be scheduled, then according to him ill be discharged within a few weeks to a month after that meeting. 

 

so if you are on the fence about reaffirming dont do it, its cased more stress and delays then i ever could have imagined. and now my life is on a contiuned hold for 3 maybe 4 maybe 5 more months all for a car I don't like and can't even fit my children safely into that my lawyer pressured me into reaffirming stating i 'had to reaffirm'  or the court would take it, wish I knew that was total BS before.

 

 



BKCH7 - Discharged Dec 2022
Message 4 of 12
sccredit
Valued Contributor

Re: Reaffirmation hearing (auto) ?

That's crazy. Mine was filed and approved withn a week of being filed. Sorry you are dealing with that.

Message 5 of 12
FireMedic1
Community Leader
Mega Contributor

Re: Reaffirmation hearing (auto) ?


@WildestDreams wrote:

update incase anyone else ever goes though drama like this...

 

if only my lawyer was honest and said reaffirmations can delay you months (Not true)I wouldn't be extra screwed. My reaffirmation papers were submitted and logged into pacer by the bank on 9/14 - I was never informed i'd need a reaffirmation hearing, was only told i'd be discharged around 11/1 (thats another story) anyway here we are on 11/23 - no meeting has been scheduled AND according to the court clerk my papers from 9/14 haven't even been reviewed yet. It could take a "few more months" before my papers are even looked at, then another month or so for a meeting to be scheduled, then according to him ill be discharged within a few weeks to a month after that meeting. 

 

so if you are on the fence about reaffirming dont do it, its cased more stress and delays then i ever could have imagined. and now my life is on a contiuned hold for 3 maybe 4 maybe 5 more months all for a car I don't like and can't even fit my children safely into that my lawyer pressured me into reaffirming stating i 'had to reaffirm'  or the court would take it, wish I knew that was total BS before.

 

 


You unfortunately got a raw deal. Never seen this. I reaffirmed. Papers signed sent. Kept making payments. Cap1 approved with 6 payments left. Truck was PIF got title and life moved on. JMO its best to reaffirm if you can afford it because it keeps helping build credit. Why turn it in and then get another loan. Which would be a higher rate after BK. There are some circumstances no way out to keep a vehicle. Thats rare. Hopefully your situation comes to an end.


Message 6 of 12
WildestDreams
Regular Contributor

Re: Reaffirmation hearing (auto) ?

I hope my situation is rare overall, id never wish this on anyone, the entire bk process is stressful enough no one needs to be waiting months extra for a mostly meaningless hearing - at least my understanding is it doesnt matter if the judge approves or not. anyway

 

the bank approved within a week of me signing and uploaded it to pacer, thats now been siting since 9/14. per the court clerk this is standard (im in NY) i've looked at the daily pacer log and there is a 45-90 day delay from when reaffirmation papers are uploaded to when hearing notices are sent. i'm at 70-something days so hopefully this mess is over soon, I just want to rebuild my life 

 

 



BKCH7 - Discharged Dec 2022
Message 7 of 12
DogwoodLynx
Frequent Contributor

Re: Reaffirmation hearing (auto) ?


@WildestDreams wrote:

I hope my situation is rare overall, id never wish this on anyone, the entire bk process is stressful enough no one needs to be waiting months extra for a mostly meaningless hearing - at least my understanding is it doesnt matter if the judge approves or not. anyway

 

the bank approved within a week of me signing and uploaded it to pacer, thats now been siting since 9/14. per the court clerk this is standard (im in NY) i've looked at the daily pacer log and there is a 45-90 day delay from when reaffirmation papers are uploaded to when hearing notices are sent. i'm at 70-something days so hopefully this mess is over soon, I just want to rebuild my life 

 

 


Sorry about all the trouble, OP. Hopefully this will get sorted out soon. I can certainly relate to wanting the BK process to be done with. 

Siggy updated Feb 16 2023
Chapter 7 BK discharge: 12/19/22
Inquiries: 6/6mo 7/12mo 7/24mo – Latest inquiry: NFCU - Approved 01/23
Financial Goals: Continue to build by wellness business (currently a DBA), heal my credit report with time and good payment history
“You’re never gonna make the shots you don’t take, so you might as well fire away!” – Little Big Town (music group)

Message 8 of 12
Anonymous
Not applicable

Re: Reaffirmation hearing (auto) ?


@sccredit wrote:

That's crazy. Mine was filed and approved withn a week of being filed. Sorry you are dealing with that.


Yeah ... mine too!

Message 9 of 12
WildestDreams
Regular Contributor

Re: Reaffirmation hearing (auto) ?

right? its crazy...trying not to worry since the court clerk said its normal but I totally did not expect this to be a hang up, I am in one of the top 5 busiest jurisdictions and they handle a ton of commercials that apparently take up entire court days. oh well, I really hope his is over by january 



BKCH7 - Discharged Dec 2022
Message 10 of 12
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