.jpg)
Cooksey Reaffirmation
I received this on Friday in an email from Ford Motor Credit:
"Ford Motor Credit Company LLC may exercise the right to repossess your client's vehicle even if payments are kept current.
Since your client has filed for bankruptcy protection, Ford Motor Credit Company can no longer send your client invoices, and will not otherwise be in contact with your client regarding the subject vehicle. You may wish to advise your client accordingly, and consult with your client concerning your client's rights and responsibilities regarding the subject vehicle.
Sections 362(h) and 521(a) of the Bankruptcy Code provide for a termination of the automatic stay where an individual debtor fails to file an accurate Statement of Intention or to perform their intention with respect to retained personal property by either reaffirming the debt or redeeming the property.
Please take notice that Ford Motor Credit Company intends to strictly enforce, to the full extent permitted by law, those contract provisions which make a bankruptcy filing an Event of Default. If your client does not reaffirm or redeem as required by the Bankruptcy Code, Ford Motor Credit Company will seek to enforce all of its rights including the right to repossess your client's vehicle. Ford Motor Credit Company may exercise the right to repossess your client's vehicle even if payments are kept current. Pay and retain is no longer an option."
Been doing this 15 years. This is new to me.
Henry Paloci, Esq.
888.777.2404
>
> Hi There!
>
> You might want to talk to Maggie Bordeaux at Public Counsel about this
> case. If I understood her correctly she was looking for a case to
> challenge Ford with it if they took a car from a debtor that refused to
> reaffirm and the payments were still being made. I think this is something
> they wanted to challenge Ford on as a breach of contract issue.
>
> If I read correctly the parents co-signed. The daughter is still a signer
> to the contract and of course we ask what about her rights? If the parents
> bankruptcy and fail to reaffirm is this a substantial default which
> warrants repossession under civil law? I don't think you will get a state
> court judge to say that it does. And there are attorneys fees to enforce
> the contract? I'm thinking this is perfect case to challenge Ford on
> behalf of the daughter who continues to pay, along with the parents
> challenge on the reaffirmation.
>
> Just a few thoughts I had...
>
> Renay.
>
>
> R. Grace Rodriguez, Esq.
> OFF: (818) 734-7223
> CEL: (818) 554-9922
>
The post was migrated from Yahoo.