Reaffirmation agreement for different car companies - consequence?
Posted: Fri Apr 19, 2019 3:27 pm
Reply-To: "MARIA W. TAM"
X-Original-Return-Path: "MARIA W. TAM"
To: cdcbaa@yahoogroups.com
X-Yahoo-Newman-Id: groups-system
I need to know what is the current standard for handling reaffirmation
agreements?
I have two cases:
Case 1: client has a BMW. She has signed the reaffirmation agreement. We
sent the signed agreement back to BMW. She represents herself in the
reaffirmation agreement. Court sets hearing for the approval of the
Reaffirmation Agreement. Usually, I do not go and client will not go
either. But client will continue to make timely monthly payments and
eventually she will pay it off and will get the pink slip. This case is in
LA before Judge Robles.
Case 2: client has a Nissan Altima. Again, client signed the reaffirmation
agreement and sent agreement back to Nissan. Court has set a hearing. My
client and I will not go. Client will continue to make timely monthly
payments. Case is in Orange County and the Judge's initial is "TA".
Should I assume that for both cases, the judge will just deny the
Motion to Reaffirm the Agreement and that the two car companies will do
nothing as long as my clients continue to make timely month payments?
Has any one ever experienced where the client has signed the
Reaffirmation Agreement and not showed up at the reaffirmation hearing.
And the car company then do a Motion for Relief from Stay to repossess car
(in spite of the fact that the debtor has continued to make timely monthly
payment)?
Please advise. Thank you.
I need to know what is the current standard for handling reaffirmation agreements?I have two cases:Case 1: client has a BMW. She has signed the reaffirmation agreement. We sent the signed agreement back to BMW. She represents herself in the reaffirmation agreement. Court sets hearing for the approval of the Reaffirmation Agreement. Usually, I do not go and client will not go either. But client will continue to make timely monthly payments and eventually she will pay it off and will get the pink slip. This case is in LA before Judge Robles.Case 2: client has a Nissan Altima. Again, client signed the reaffirmation agreement and sent agreement back to Nissan. Court has set a hearing. My client and I will not go. Client will continue to make timely monthly payments. Case is in Orange County and the Judge's initial is "TA". Should I assume that for both cases, the judge will just deny the Motion to Reaffirm the Agreement and that the two car companies will do nothing as long as my clients continue to make timely month payments? Has any one ever experienced where the client has signed the Reaffirmation Agreement and not showed up at the reaffirmation hearing. And the car company then do a Motion for Relief from Stay to repossess car (in spite of the fact that the debtor has continued to make timely monthly payment)?Please advise.
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