Central District Consumer Bankruptcy Attorney's Association

Thank you, Link. I did write a letter rescinding it and Eric showed me
the notice. So I think I have bases covered.
I cannot remember which credit unions I've negotiated waivers of the
cross-collateralization agreements on myself (I should have kept a
list), but I'll ask anyway--- has anyone done so successfully with
Wescom?

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Tthe first place to look is the Bankruptcy Code and there is no requirement to file the recession with the court but it is good practice.

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The first place to look for instructions on how to rescind a Reaffirmation Agreement is the agreement itself. There you will find the following sentence "To rescind (cancel) your reaffirmation agreement, you must notify the creditor that your reaffirmation agreement is rescinded (or cancelled)." Look to the agreement for the period in which it can be cancelled.
Although, not required by the agreement I recommend filing a notice that the reaffirmation agreement had been rescinded with court so there is no future doubt of the debtor's intent.
Link Schrader, Attorney
Law Office of Link W. Schrader

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Steve - It is a simple pleading. You can find one that I did in McDonald, 2:10-bk-16113 BB.
Eric
Law Office of Eric Alan Mitnick
21515 Hawthorne Boulevard, Ste. 1080
Torrance, California 90503
(310) 792-5864; 792-5866 (fax)
MitnickLaw@aol.com
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To: cdcbaa
Sent: Wed, Feb 22, 2012 2:41 pm
Subject: [cdcbaa] How to Rescind Reaffirmation
I let a reaffirmation go out on Wescom without realizing this was a case where the cross-collateralization clause applies because Debtor also has a credit card with Wescom. The bankruptcy specialist there is ignoring me and filed the reaffirmation, never calling to discuss waiving the clause.
I guess I need to rescind the reaffirmation. I dont see a form for that in the Local Forms. I take it that this is a pleading I need to create myself. Is that correct? Anyone have one they wouldnt mind sharing or a case # where they did one?
Steve
Law Offices of Steven B. Lever
>
> Steven B. Lever
>( Tel. (562) 436-5456 ext. 6470
>( Fax (800) 360-5161
>* sblever@leverlaw.com
> & nbsp; www.leverlaw.com
>
Steve - It is a simple pleading. You can find one that I did in McDonald, 2:10-bk-16113 BB.

Eric
Law Office of Eric Alan Mitnick
21515 Hawthorne Boulevard, Ste. 1080
Torrance, California 90503
(310) 792-5864; 792-5866 (fax)
MitnickLaw@aol.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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To: cdcbaa <cdcbaa@yahoogroups.com>
Sent: Wed, Feb 22, 2012 2:41 pm
Subject: [cdcbaa] How to Rescind Reaffirmation

I let a reaffirmation go out on Wescom without realizing this was a case where the cross-collateralization clause applies because Debtor also has a credit card with Wescom. The bankruptcy specialist there is ignoring me and filed the reaffirmation, never calling to discuss waiving the clause.

I guess I need to rescind the reaffirmation. I dont see a form for that in the Local Forms. I take it that this is a pleading I need to create myself. Is that correct? Anyone have one they wouldn

Steve

Law Offices of Steven B. Lever
>
> Steven B. Lever
>( Tel. (562) 436-5456 ext. 6470
>( Fax (800) 360-5161
>*
The post was migrated from Yahoo.

I let a reaffirmation go out on Wescom without realizing this was a case
where the cross-collateralization clause applies because Debtor also has
a credit card with Wescom. The bankruptcy specialist there is ignoring
me and filed the reaffirmation, never calling to discuss waiving the
clause.
I guess I need to rescind the reaffirmation. I don't see a form for
that in the Local Forms. I take it that this is a pleading I need to
create myself. Is that correct? Anyone have one they wouldn't mind
sharing or a case # where they did one?
Steve
Law Offices of Steven B. Lever
>
> Steven B. Lever
>( Tel. (562) 436-5456 ext. 6470
>( Fax (800) 360-5161
>* sblever@leverlaw.com
> www.leverlaw.com
>

The post was migrated from Yahoo.