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Ford Motor Credit: Wants to Repossess after Order Denying Reaffi
Christine, the debtor must make a good-faith effort to reaffirm. If your
client told the Judge to deny the RA because it is not in her best interest,
then arguably your client did not make a good-faith effort to reaffirm, and
the creditor can reposess.
I think the safest thing for bk attorneys to do is advise their clients to
ask the judge to approve, but point out to the judge that they might have
trouble paying on the loan, but nonetheless request that the RA be approved.
That way they fulfill the good-faith effort requirement.
Arsen
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