Reaffirmation Agreement Not Honored, Car Repossessed

Yahoo Bot · Sat Aug 09, 2014 2:46 pm

I don't know what my firm does but I would gladly charge a few hundred
bucks to sign these things. Is there some kind of malpractice exposure that
I'm not aware of? If so, wouldn't the consumer bar adopting a particular
practice change the standard of care so as to reduce the exposure?
Sincerely,
Michael Avanesian
On Sat, Aug 9, 2014 at 10:31 AM, 'Larry Webb' larry@webbklaw.com [cdcbaa] wrote:
>
>
> Dennis,
>
>
>
> I have filed reaffirmation agreements for my clients. In one case;
> between the client and the lender they ate up the time to the last day.
> Person at the lender told me it took days for them to file because they
> didnt file electronically but she agreed to email the signed agreement and
> I filed it. My reasoning was it takes less time and effort to file the
> reaff then to try to fix a non-filed reaff. If we are going to ask for a
> rule that we have to file a notice of reaffirmation, why not just file the
> reaff?
>
>
>
>
>
> Best regards
>
> Larry Webb
>
>
>
> [image: blslogo]
>
> California Board of Legal Specialization
>
> Certified Specialist in Bankruptcy Law
>
>
>
> State Bar of California 229344
>
> Central District California
>
> "A Debt Relief Agency"
>
> Check out my Blog
>
>
>
>
>
> Larry@webbklaw. com
>
> Law Offices of Larry Webb
>
> 484 Mobil Ste 43
>
> Camarillo Ca 93010
>
>
>
> P 805.987.1400
>
> F 805.987.2866
>
> C 805.750.2150
>
>
>
>
>
>
>
>
>
>
>
> *From:* cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com]
> *Sent:* Friday, August 8, 2014 8:06 PM
> *To:* cdcbaa@yahoogroups.com
> *Subject:* Re: [cdcbaa] Reaffirmation Agreement Not Honored, Car
> Repossessed
>
>
>
>
>
> It seems odd, but if you don't see the reaf filed within enough time to
> have it heard before the discharge, you may have to file the reaf yourself.
> Maybe we need to have a talk with the court about how to deal with this.
> It makes no sense that a debtor can sign a reaff and the creditor can sit
> on it and declare a default. Maybe a notice a reaff has been signed and
> the creditor may not repossess? Sadly, we could get another filing shift,
> where we have to file the reaff to protect our clients.
>
>
>
> What say yee? Should we ask the court for a local rule that if we sign
> and return a reaff 30 days before the discharge, the creditor may not
> repossess?
>
> Dennis McGoldrick, 350 S. Crenshaw Bl., #A207B, Torrance, Ca 90503
> 310-328-1001-voice
>
> [image: cid:part1.03050307.05030101@bklaw.com]
>
>
> On Aug 6, 2014, at 3:27 PM, "'Steven B. Lever' sblever@leverlaw.com
> [cdcbaa]" wrote:
>
>
>
> A good car broker Ive had my clients use on several occasions
> successfully is Jeff Cohen at www.replacevehicle.com
>
>
>
> Steven B. Lever
>
>
>
> *From:* cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com
> ]
> *Sent:* Wednesday, August 06, 2014 7:17 AM
> *To:* cdcbaa@yahoogroups.com
> *Subject:* RE: [cdcbaa] Reaffirmation Agreement Not Honored, Car
> Repossessed
>
>
>
>
>
> I hate it when that happens. You can try to reopen the case to submit the
> reaff (and provide evidence lender received the agreement and wrongfully
> repossessed then ask for fees although you may not get it). Or have the
> debtor see if they can qualify for another car. Someone on this listserv
> should be able to refer you to a lender who works with people with a recent
> BK. I knew someone who could get a debtor in a new car right after the
> 341a but she retired so I am also looking for a good referral in this area.
> 722 Redemption may be helpful.
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
> *From:* cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com
> ]
> *Sent:* Tuesday, August 05, 2014 9:57 AM
> *To:* cdcbaa@yahoogroups.com
> *Subject:* [cdcbaa] Reaffirmation Agreement Not Honored, Car Repossessed
>
>
>
>
>
> Dear Listmates,
>
>
>
> I had a Chapter 7 client whose car leasing company requested a
> reaffirmation agreement, which my client signed, and I mailed it to the
> attorney's office on his behalf. Though already mailed, we kept getting the
> same letter requesting reaffirmation or risk repossession. I sent the
> agreement a total of 3 times. Finally, a day after discharge, we get a
> letter that they never received the agreement on time and that no
> reaffirmation exists. Today, the car was repossessed.
>
>
>
> Does anyone have experience with this? What, if anything, can I do for my
> client? I'd yell bad faith, but why would a leasing company request it
> only to not honor it? THANK YOU for your time.
>
>
>
> Very truly yours,
>
> Cheryl
>
> *-------*
> *Cheryl Deptowicz-Diaz*
>
> *DIAZ LAW FIRM*
> 3435 Wilshire Blvd., #2700
> Los Angeles, CA 90010
>
> Telephone (213) 232-0103
>
> Facsimile (800) 343-2957
> cheryl@diazlawfirm.net
> www.diazlawfirm.net
>
>
>
I don't know what my firm does but I would gladly charge a few hundred bucks to sign these things. Is there some kind of malpractice exposure that I'm not aware of? If so, wouldn't the consumer bar adopting a particular practice change the standard of care so as to reduce the exposure?
Sincerely, Michael AvanesianOn Sat, A
The post was migrated from Yahoo.

Yahoo Bot · Sat Aug 09, 2014 12:37 pm

Reply-To: vicki temkin
X-Original-Return-Path: vicki temkin
To: cdcbaa@yahoogroups.com
X-Yahoo-Newman-Id: groups-system
Sounds like a good idea.
Law Office of Vicki L. Temkin
mailing address:
15021 Ventura Blvd., Ste. 753
Sherman Oaks, Ca 91403
Tel: (818) 501-4658
Fax: (818) 501-0903
www.vtemkinlaw.com
________________________________
lbox@gmail.com [cdcbaa]"
To: "cdcbaa@yahoogroups.com"
Sent: Friday, August 8, 2014 8:05 PM
Subject: Re: [cdcbaa] Reaffirmation Agreement Not Honored, Car Repossessed
It seems odd, but if you don't see the reaf filed within enough time to have it heard before the discharge, you may have to file the reaf yourself. Maybe we need to have a talk with the court about how to deal with this. It makes no sense that a debtor can sign a reaff and the creditor can sit on it and declare a default. Maybe a notice a reaff has been signed and the creditor may not repossess? Sadly, we could get another filing shift, where we have to file the reaff to protect our clients.
What say yee? Should we ask the court for a local rule that if we sign and return a reaff 30 days before the discharge, the creditor may not repossess?
Dennis McGoldrick, 350 S. Crenshaw Bl., #A207B, Torrance, Ca 90503 310-328-1001-voice
On Aug 6, 2014, at 3:27 PM, "'Steven B. Lever' sblever@leverlaw.com [cdcbaa]" wrote:
>A good car broker Ive had my clients use on several occasions successfully is Jeff Cohen at www.replacevehicle.com
>
>Steven B. Lever
>
>From:cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com]
>Sent: Wednesday, August 06, 2014 7:17 AM
>To: cdcbaa@yahoogroups.com
>Subject: RE: [cdcbaa] Reaffirmation Agreement Not Honored, Car Repossessed
>
>
>I hate it when that happens. You can try to reopen the case to submit the reaff (and provide evidence lender received the agreement and wrongfully repossessed then ask for fees although you may not get it). Or have the debtor see if they can qualify for another car. Someone on this listserv should be able to refer you to a lender who works with people with a recent BK. I knew someone who could get a debtor in a new car right after the 341a but she retired so I am also looking for a good referral in this area. 722 Redemption may be helpful.
>
>>
>
>
>
>

The post was migrated from Yahoo.

Yahoo Bot · Sat Aug 09, 2014 10:31 am

Dennis,
I have filed reaffirmation agreements for my clients. In one case; between the client and the lender they ate up the time to the last day. Person at the lender told me it took days for them to file because they didn filed it. My reasoning was it takes less time and effort to file the reaff then to try to fix a non-filed reaff. If we are going to ask for a rule that we have to file a notice of reaffirmation, why not just file the reaff?
Best regards
Larry Webb
blslogo
California Board of Legal Specialization
Certified Specialist in Bankruptcy Law
State Bar of California 229344
Central District California
"A Debt Relief Agency"
Check out my Blog
Larry@webbklaw. com
Law Offices of Larry Webb
484 Mobil Ste 43
Camarillo Ca 93010
P 805.987.1400
F 805.987.2866
C 805.750.2150

The post was migrated from Yahoo.

Yahoo Bot · Sat Aug 09, 2014 7:59 am

I like the idea of filing a NOTICE OF REAFFIRMATION with an accompanied
copy of the client's executed reaff, putting the creditor on NOTICE that it
has been executed. The Proof of Service is evidence of the mailing to the
creditor.
Then, it puts the burden on them to file reaff and set it for hearing.
I don't like the fact that it seems to always fall square on the client to
prove everything and pay for certified mail, etc.
The question is, if we file the reaff ourselves and set it for hearing, as
a distinction from simply Notice, are we then 'supporting' the
reaffirmation? Which we don't want.
Discuss.
Christine
Christine A. Wilton,
Esq.
Law Office of Christine A.
Wilton
5011 Argosy Avenue, Suite 3
Huntington Beach, CA 92649
Office: 714-533-9210
Fax: 714-489-8150
Email: attorneychristine@gmail.com
Blog: www.losangelesbankruptcylawmonitor.com

The post was migrated from Yahoo.

Yahoo Bot · Sat Aug 09, 2014 6:01 am

What about the reaffirm agreements that only the client signs?
Law Office of Catherine Christiansen
On Friday, August 8, 2014 8:19 PM, "Kirk Brennan kirkinhermosa@gmail.com [cdcbaa]" wrote:
Sounds good to me.
On Fri, Aug 8, 2014 at 8:05 PM, cdcbaa cdcbaamailbox@gmail.com [cdcbaa] wrote:
>
>It seems odd, but if you don't see the reaf filed within enough time to have it heard before the discharge, you may have to file the reaf yourself. is. It makes no sense that a debtor can sign a reaff and the creditor can sit on it and declare a default. Maybe a notice a reaff has been signed and the creditor may not repossess? Sadly, we could get another filing shift, where we have to file the reaff to protect our clients.
>
>
>What say yee? Should we ask the court for a local rule that if we sign and return a reaff 30 days before the discharge, the creditor may not repossess?
>
>Dennis McGoldrick, 350 S. Crenshaw Bl., #A207B, Torrance, Ca 90503 310-328-1001-voice
>
>On Aug 6, 2014, at 3:27 PM, "'Steven B. Lever' sblever@leverlaw.com [cdcbaa]" wrote:
>
>
>
>>A good car broker Ive had my clients use on several occasions successfully is Jeff Cohen at www.replacevehicle.com
>>
>>Steven B. Lever
>>
>>From:cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com]
>>Sent: Wednesday, August 06, 2014 7:17 AM
>>To: cdcbaa@yahoogroups.com
>>Subject: RE: [cdcbaa] Reaffirmation Agreement Not Honored, Car Repossessed
>>
>>
>>I hate it when that happens. You can try to reopen the case to submit the reaff (and provide evidence lender received the agreement and wrongfully repossessed then ask for fees although you may not get it). Or have the debtor see if they can qualify for another car. Someone on this listserv should be able to refer you to a lender who works with people with a recent BK. I knew someone who could get a debtor in a new car right after the 341a but she retired so I am also looking for a good referral in this area. 722 Redemption may be helpful.
>>
>>
>>
>>
>>
>>
>>

The post was migrated from Yahoo.

Yahoo Bot · Fri Aug 08, 2014 8:19 pm

Sounds good to me.
On Fri, Aug 8, 2014 at 8:05 PM, cdcbaa cdcbaamailbox@gmail.com [cdcbaa] wrote:
>
>
> It seems odd, but if you don't see the reaf filed within enough time to
> have it heard before the discharge, you may have to file the reaf yourself.
> Maybe we need to have a talk with the court about how to deal with this.
> It makes no sense that a debtor can sign a reaff and the creditor can sit
> on it and declare a default. Maybe a notice a reaff has been signed and
> the creditor may not repossess? Sadly, we could get another filing shift,
> where we have to file the reaff to protect our clients.
>
> What say yee? Should we ask the court for a local rule that if we sign
> and return a reaff 30 days before the discharge, the creditor may not
> repossess?
>
> Dennis McGoldrick, 350 S. Crenshaw Bl., #A207B, Torrance, Ca 90503
> 310-328-1001-voice
> [image: cid:part1.03050307.05030101@bklaw.com]
>
> On Aug 6, 2014, at 3:27 PM, "'Steven B. Lever' sblever@leverlaw.com
> [cdcbaa]" wrote:
>
>
>
> A good car broker Ive had my clients use on several occasions
> successfully is Jeff Cohen at www.replacevehicle.com
>
>
>
> Steven B. Lever
>
>
>
> *From:* cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com
> ]
> *Sent:* Wednesday, August 06, 2014 7:17 AM
> *To:* cdcbaa@yahoogroups.com
> *Subject:* RE: [cdcbaa] Reaffirmation Agreement Not Honored, Car
> Repossessed
>
>
>
>
>
> I hate it when that happens. You can try to reopen the case to submit the
> reaff (and provide evidence lender received the agreement and wrongfully
> repossessed then ask for fees although you may not get it). Or have the
> debtor see if they can qualify for another car. Someone on this listserv
> should be able to refer you to a lender who works with people with a recent
> BK. I knew someone who could get a debtor in a new car right after the
> 341a but she retired so I am also looking for a good referral in this area.
> 722 Redemption may be helpful.
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
> *From:* cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com
> ]
> *Sent:* Tuesday, August 05, 2014 9:57 AM
> *To:* cdcbaa@yahoogroups.com
> *Subject:* [cdcbaa] Reaffirmation Agreement Not Honored, Car Repossessed
>
>
>
>
>
> Dear Listmates,
>
>
>
> I had a Chapter 7 client whose car leasing company requested a
> reaffirmation agreement, which my client signed, and I mailed it to the
> attorney's office on his behalf. Though already mailed, we kept getting the
> same letter requesting reaffirmation or risk repossession. I sent the
> agreement a total of 3 times. Finally, a day after discharge, we get a
> letter that they never received the agreement on time and that no
> reaffirmation exists. Today, the car was repossessed.
>
>
>
> Does anyone have experience with this? What, if anything, can I do for my
> client? I'd yell bad faith, but why would a leasing company request it
> only to not honor it? THANK YOU for your time.
>
>
>
> Very truly yours,
>
> Cheryl
>
> *-------*
> *Cheryl Deptowicz-Diaz*
>
> *DIAZ LAW FIRM*
> 3435 Wilshire Blvd., #2700
> Los Angeles, CA 90010
>
> Telephone (213) 232-0103
>
> Facsimile (800) 343-2957
> cheryl@diazlawfirm.net
> www.diazlawfirm.net
>
>
>
Kirk Brennan
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Sounds good to me.On Fri, Aug 8, 2014 at 8:05 PM, cdcbaa cdcbaamailbox@gmail.com [cdcbaa] <cdcbaa@yahoogroups.com> wrote:
It seems odd, but if you don't see the reaf filed within enough time to have it heard before the discharge, you may have to file the reaf yourself. Maybe we need to have a talk with the court about how to deal with this. It makes no sense that a debtor can sign a reaff and the creditor can sit on it and declare a default. Maybe a notice a reaff has been signed and the creditor may not repossess? Sadly, we could get another filing shift, where we have to file the reaff to protect our clients.
What say yee? Should we ask the court for a local rule that if we sign and return a reaff 30 days before the discharge, the creditor may not repossess?Dennis McGoldrick, 350 S. Crenshaw Bl., #A207B, Torrance, Ca 90503 310-328-1001-voice
On Aug 6,
The post was migrated from Yahoo.

Yahoo Bot · Fri Aug 08, 2014 8:05 pm

It seems odd, but if you don't see the reaf filed within enough time to have it heard before the discharge, you may have to file the reaf yourself. Maybe we need to have a talk with the court about how to deal with this. It makes no sense that a debtor can sign a reaff and the creditor can sit on it and declare a default. Maybe a notice a reaff has been signed and the creditor may not repossess? Sadly, we could get another filing shift, where we have to file the reaff to protect our clients.
What say yee? Should we ask the court for a local rule that if we sign and return a reaff 30 days before the discharge, the creditor may not repossess?
Dennis McGoldrick, 350 S. Crenshaw Bl., #A207B, Torrance, Ca 90503 310-328-1001-voice
> On Aug 6, 2014, at 3:27 PM, "'Steven B. Lever' sblever@leverlaw.com [cdcbaa]" wrote:
>
> A good car broker Ive had my clients use on several occasions successfully is Jeff Cohen at www.replacevehicle.com
>
>
>
> Steven B. Lever
>
>
>
> Sent: Wednesday, August 06, 2014 7:17 AM
> To: cdcbaa@yahoogroups.com
> Subject: RE: [cdcbaa] Reaffirmation Agreement Not Honored, Car Repossessed
>
>
>
>
>
> I hate it when that happens. You can try to reopen the case to submit the reaff (and provide evidence lender received the agreement and wrongfully repossessed then ask for fees although you may not get it). Or have the debtor see if they can qualify for another car. Someone on this listserv should be able to refer you to a lender who works with people with a recent BK. I knew someone who could get a debtor in a new car right after the 341a but she retired so I am also looking for a good referral in this area. 722 Redemption may be helpful.
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
> Sent: Tuesday, August 05, 2014 9:57 AM
> To: cdcbaa@yahoogroups.com
> Subject: [cdcbaa] Reaffirmation Agreement Not Honored, Car Repossessed
>
>
>
>
>
> Dear Listmates,
>
>
>
> I had a Chapter 7 client whose car leasing company requested a reaffirmation agreement, which my client signed, and I mailed it to the attorney's office on his behalf. Though already mailed, we kept getting the same letter requesting reaffirmation or risk repossession. I sent the agreement a total of 3 times. Finally, a day after discharge, we get a letter that they never received the agreement on time and that no reaffirmation exists. Today, the car was repossessed.
>
>
>
> Does anyone have experience with this? What, if anything, can I do for my client? I'd yell bad faith, but why would a leasing company request it only to not honor it? THANK YOU for your time.
>
>
>
> Very truly yours,
>
> Cheryl
>
> -------
> Cheryl Deptowicz-Diaz
>
> DIAZ LAW FIRM
> 3435 Wilshire Blvd., #2700
> Los Angeles, CA 90010
>
> Telephone (213) 232-0103
>
> Facsimile (800) 343-2957
> cheryl@diazlawfirm.net
> www.diazlawfirm.net
>
>
>

The post was migrated from Yahoo.

Yahoo Bot · Wed Aug 06, 2014 3:27 pm

The post was migrated from Yahoo.

Yahoo Bot · Wed Aug 06, 2014 7:16 am

Try Carnax.
The post was migrated from Yahoo.

Yahoo Bot · Tue Aug 05, 2014 9:56 am

Reply-To: Diaz Law Firm
X-Original-Return-Path: Diaz Law Firm
To: cdcbaa@yahoogroups.com
X-Yahoo-Newman-Id: groups-system
Dear Listmates,
I had a Chapter 7 client whose car leasing company requested a reaffirmation agreement, which my client signed, and I mailed it to the attorney's office on his behalf. Though already mailed, we kept getting the same letter requesting reaffirmation or risk repossession. I sent the agreement a total of 3 times. Finally, a day after discharge, we get a letter that they never received the agreement on time and that no reaffirmation exists. Today, the car was repossessed.
Does anyone have experience with this? What, if anything, can I do for my client? I'd yell bad faith, but why would a leasing company request it only to not honor it? THANK YOU for your time.
Very truly yours,
Cheryl
Cheryl Deptowicz-Diaz
DIAZ LAW FIRM
3435 Wilshire Blvd., #2700
Los Angeles, CA 90010
Telephone (213) 232-0103
Facsimile (800) 343-2957
cheryl@diazlawfirm.net
www.diazlawfirm.net

The post was migrated from Yahoo.