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Withdrawing from a Reafirmation Agreement
Provided it is timely, a simple notice should be fine.
Law Office of Eric Alan Mitnick
21515 Hawthorne Boulevard, Suite 1080
Torrance, California 90503
Telephone: (310) 792-5864
Facsimile: (310) 347-4353
Email: MitnickLaw@aol.com, MitnickLaw@gmail.com
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To: Cdcbaa Yahoo Listserv
Sent: Thu, Sep 21, 2017 11:05 am
Subject: [cdcbaa] Withdrawing from a Reafirmation Agreement
Hello,
I have a Chapter 7 client who entered into a reaffirmation agreement during their 7. The client received a discharge in April. The problem is that the client decided to surrender his car after the reaffirmation agreement was filed. There was no hearing or order on the reaffirmation because an attorney in my office certified it. It is a Santa Ana case. Obvious, the lender is now trying to collect on the deficiency.
The case was reopened to deal with this issue. I called the Court's law clerk and she said I could just file a notice of withdrawal using the same procedure as withdrawing a motion. However, I just noticed that the lender filed the reaffirmation and not the debtor. I do not see how I can withdraw an agreement that was not filed by the debtor. It seems to me that this is more like withdrawing from a stipulation.
I wanted to know if anyone has dealt with this issue before and how they dealt with it. My gut feeling is that I need to motion the Court to withdraw, but I am not sure. Also, if anyone has a sample motion, that would be much appreciated too.
Thanks!
Sincerely,
Sloan Youkstetter
Law Office of William S. Youkstetter
(323) 219-4392
lawofficeofwilliamsyoukstetter@gmail.com
wsylaw.com
CONFIDENTIALITY NOTICE: The information transmitted, including attachments, is intended only for the person(s) or entity to which it is addressed and may contain confidential and/or privileged material. Any review, retransmission, dissemination or other use of, or taking of any action in reliance upon this information by persons or entities other than the intended recipient is prohibited. If you received this in error, please contact the sender and destroy any copies of this information.
Provided it is timely, a simple notice should be fine.
Law Office of Eric Alan Mitnick
21515 Hawthorne Boulevard, Suite 1080
Torrance, California 90503
Telephone: (310) 792-5864
Facsimile: (310) 347-4353
Email: MitnickLaw@aol.com, MitnickLaw@gmail.com
Although this email and any attachments are believed to be free of any virus or other defect that might affect any computer system into which it is received and opened, it is the responsibility of the recipient to ensure that it is virus free and no responsibility is accepted by the sender for any loss or damage arising in any way from its use.
The information contained in this email message and any attached files may be privileged, confidential and protected from disclosure. If you are not the intended recipient, any dissemination, distribution or copying is strictly prohibited. If you think that you have received this email message in error, please notify the sender by reply email, and delete the email message you received and all of the attached files.
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-----Original Message-----
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To: Cdcbaa Yahoo Listserv <cdcbaa@yahoogroups.com>
Sent: Thu, Sep 21, 2017 11:05 am
Subject: [cdcbaa] Withdrawing from a Reafirmation Agreement
The post was migrated from Yahoo.
Hello,
I have a Chapter 7 client who entered into a reaffirmation agreement during their 7. The client received a discharge in April. The problem is that the client decided to surrender his car after the reaffirmation agreement was filed. There was no hearing or order on the reaffirmation because an attorney in my office certified it. It is a Santa Ana case. Obvious, the lender is now trying to collect on the deficiency.
The case was reopened to deal with this issue. I called the Court's law clerk and she said I could just file a notice of withdrawal using the same procedure as withdrawing a motion. However, I just noticed that the lender filed the reaffirmation and not the debtor. I do not see how I can withdraw an agreement that was not filed by the debtor. It seems to me that this is more like withdrawing from a stipulation.
I wanted to know if anyone has dealt with this issue before and how they dealt with it. My gut feeling is that I need to motion the Court to withdraw, but I am not sure. Also, if anyone has a sample motion, that would be much appreciated too.
Thanks!
Sloan Youkstetter
Law Office of William S. Youkstetter
(323) 219-4392
lawofficeofwilliamsyoukstetter@gmail.com
wsylaw.com
CONFIDENTIALITY NOTICE: The information transmitted, including attachments, is intended only for the person(s) or entity to which it is addressed and may contain confidential and/or privileged material. Any review, retransmission, dissemination or other use of, or taking of any action in reliance upon this information by persons or entities other than the intended recipient is prohibited. If you received this in error, please contact the sender and destroy any copies of this information.
The post was migrated from Yahoo.