Reaffirmation Agreements
Posted: Tue Nov 13, 2012 9:32 am
charsetndows-1252
Wouldn't the contract state whether the filing of a bankruptcy proceeding is to be treated as a default under the Note?
We advise clients on the reaffirmation issue as well, but if the car is upside down to any major extent we talk with the client about the possibility of a redemption either through 722 or even by a pension loan if that's an option. If those fail, we've found that some lenders are willing to negotiate the terms of the reaffirmed debt to sweeten the pot. They may be eating steel, but it's seldom something they want to do.
Jay S. Fleischman, Esq.
Shaev & Fleischman, LLP
Smart Solutions To Bill Problems
T: 626-808-4343 x704
E: jay@sflawca.com
www.ConsumerHelpCentral.com
556 S Fair Oaks Ave Ste 101-152
Pasadena CA 91105-2656
Email isn't secure, so it's not confidential. By communicating with me by email, you understand that it's not confidential.
On Nov 12, 2012, at 5:30 PM, "PHiLiP E. KOeBeL, Esq." wrote:
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> unfortunately, i have experience with several different companies repossessing when we don't execute reaffirmation agreements.
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> i still think it is better to do a Chapter 20 than to do a reaffirmation agreement, but it is a lot of work for me.
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> are there any other suggestions to discourage a repossession?
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> i have thought about sending a letter saying that if they do repossess then i will definitely file a C13 to recover the car so let's see if we can work something out. has anyone tried this and has it worked?
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> On Mon, Nov 12, 2012 at 3:42 PM, Larry Webb wrote:
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> Yes, GMAC picked up a clients truck a week after discharge, but they may have been a few days late. As I recall, they were in that period between due date and late fee applies.
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> Best regards
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> Larry Webb
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> State Bar of California 229344
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> Central District California
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> "A Debt Relief Agency"
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> Check out my Blog
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> Larry@webbklaw. com
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> Law Offices of Larry Webb
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> 484 Mobil Ste 43
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> Camarillo Ca 93010
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> P 805.987.1400
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> F 805.987.2866
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> C 805.750.2150
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Shannon Doyle
> Sent: Monday, November 12, 2012 3:33 PM
> To: cdcbaa@yahoogroups.com
> Subject: RE: [cdcbaa] RE: Reaffirmation Agreements
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> Yes, Chrysler and Ford will repossess. Toyota has threatened it will repossess also.
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> Shannon A. Doyle
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> Attorney at Law
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> 100 N. Barranca Avenue, Suite 250
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> West Covina, CA 91791-1600
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> Tel: (626) 646-2555
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> Fax: (626) 332-8644
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> www.blclaw.com
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Nicholas S. Nassif
> Sent: Monday, November 12, 2012 2:57 PM
> To: cdcbaa@yahoogroups.com
> Subject: [cdcbaa] RE: Reaffirmation Agreements
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> Mates,
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> I tend to not have my clients sign Reaffirmation Agreements for vehicles in a Chapter 7 Bankruptcy. VW Credit, Inc. has now sent me one for my client to sign.
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> Are there any creditors actually repossessing vehicles if a Debtor does not sign a Reaffirmation Agreement?
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> Thanks in advance.
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> Nicholas S. Nassif, Esq.
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> LAW OFFICES OF NICHOLAS S. NASSIF
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> 3055 Wilshire Blvd.
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> Suite 900
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> Los Angeles, CA 90010
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> Tel: 213-736-1899 Fax: 213- 736-5656
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> nsnassif@pacbell.net
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charsetndows-1252
Wouldn't the contract state whether the filing of a bankruptcy proceeding is to be treated as a default under the Note?We advise clients on the reaffirmation issue as well, but if the car is upside down to any major extent we talk with the client about the possibility of a redemption either through 722 or even by a pension loan if that's an option. If those fail, we've found that some lenders are willing to negotiate the terms of the reaffirmed debt to sweeten the pot. They may be eating steel, but it's seldom something they want to do.-------------Jay S. Fleischman, Esq.Shaev & Fleischman, LLPSmart Solutions To Bill ProblemsT: 626-808-4343 x704E: jay@sflawca.comwww.ConsumerHelpCentral.com556 S Fair Oaks Ave Ste 101-152Pasadena CA 91105-2656Email isn't secure, so it's not confidential. By communicating with me by email, you understand that it's not confidential.On Nov 12, 2012, at 5:30 PM, "PHiLiP E. KOeBeL, Esq." <lawofpek@gmail.com> wrote:
unfortunately, i have experience with several different companies repossessing when we don't execute reaffirmation agreements. i still think it is better to do a Chapter 20 than to do a reaffirmation agreement, but it is a lot of work for me.
are there any other suggestions to discourage a repossession? i have thought about sending a letter saying that if they do repossess then i will definitely file a C13 to recover the car so let's see if we can work something out. has anyone tried this and has it worked?
On Mon, Nov 12, 2012 at 3:42 PM, Larry Webb <larry@webbklaw.com> wrote:
Yes, GMAC picked up a clients truck a week after discharge, but they may have been a few days late. As I recall, they were in that period between due date and late fee applies. Best regards
The post was migrated from Yahoo.