Reaffirmation Agreement Not Honored, Car Repossessed
Posted: 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:
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> Dennis,
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> 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?
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> Best regards
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> Larry Webb
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>
>
> [image: blslogo]
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> California Board of Legal Specialization
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> Certified Specialist in Bankruptcy Law
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>
>
> State Bar of California 229344
>
> Central District California
>
> "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
>
> 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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> *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
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> 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.
>
>
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> 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:
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> A good car broker Ive had my clients use on several occasions
> successfully is Jeff Cohen at www.replacevehicle.com
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>
>
> Steven B. Lever
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>
> *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
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> 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.
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> *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.
>
>
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> 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.
>
>
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> 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.