How do I go about doing the hearing for a reaffirmation agreement if we choosing not to have our attorney handle it?

Business 4 views 3 answers
We filed for Chapter 7 on Oct. 27th and have our 341 Meeting set for Dec. 6th. While we do have our attorney handling that part, we are choosing to just sign the reaffirmation agreement on our own for the car we have; how do we file with the court to get a date set?

Attorney Answers

3
Dorothy Bunce ·
These cases are handled differently in different areas of the US. In Nevada, the reaffirmation agreement is usually filed by the creditor. You attend the hearing and the judge tells you the same thing that your lawyer already told you, that a reaffirmation is a risky thing to do! The Judge will ask you how you will find the money to pay the debt & whether you understand the risks. Assuming the Judge is satisfied with your answers, the reaffirmation is approved. However, you still have time to reject the reaffirmation for up to 60 days after the agreement is filed with the Court. Good luck!
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Theodore Araujo ·
You have to send the reaffirmation agreement to the creditor with the motion for reaffirmation agreement filled out. The creditor will file it with the court and you should follow up with your attorney or the court to get the date of the hearing i the court orders a hearing. REQUEST: Please give this answer a "thumbs up"(below) if you find it valuable. Disclaimer: This answer does not constitute legal advice. I am admitted in the States of New York, New Jersey and Massachusetts only and make no attempt to opine on matters of law that are not relevant to those three States. This advice is based on general principles of law that may or may not relate to your specific situation. Facts and laws change and these possible changes will affect the advice provided here. Consult an attorney in your locale before you act on any of this advice. You should not rely on this advice alone and nothing in these communications creates an attorney client relationship. The opinions expressed herein are those of the author only and the fact that he has worked as an Assistant District Attorney; State Supreme Court Clerk; Special Assistant United States Attorney (Hawaii); Assistant Cornell University Counsel or Judge Advocate, United States Marine Corps should not be relied upon to assume that these statements reflect the policy of these organizations
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Mitchell Goldstein ·
Most courts require that the attorney handle the agreement as part of the retainer. If you disagree with your attorney's advice and want to sign it anyway, you would send it to the creditor yourself for filing. If you are worried, you can file the agreement with the court and the court will usually set a hearing. You want to be certain that you cannot keep the car without the agreement and that you are able to pay it. Reaffirmation agreements are basically post petition debt that is not discharged. [I am a Virginia-licensed attorney. This communication is intended as general information and not specific legal advice, and this communication does not create an attorney-client relationship.]
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