Central District Consumer Bankruptcy Attorney's Association

Thanks Keith. As a follow up, how long do car creditors take to file the reaffirmation? I know they have 60 days but do they always wait until the last minute? We need to get this reaffirmation hearing completed, as it is the only thing holding up the discharge.
Best,
Linda
Linda Muchamel
Law Offices of Linda H. Muchamel
18001 Ventura Blvd. Suite CEncino, CA 91316
ph:(747) 333-6017fax: (818) 235-0161
On Saturday, April 20, 2019, 06:37:02 AM PDT, Keith Higginbotham cdcbaacheck@aol.com [cdcbaa] wrote:

Your client MUST attend their Reaffirmation hrg. According to the code, the debtor must:
1. review and fill out a Reaff if received from a car creditor (never a house creditor)
2. must mail it back to the creditor.
3. If the creditor files the Reaff and a hrg is scheduled, then the debtor MUST attend the hrg.
These are the requirements of the debtor in a Reaff setting.
There is a great difference between the Court DENYING a Reaff for non-appearance of the debtor and the CourtDISAPPROVING a Reaff for it not being in the debtor's best interests. In the first scenario, the car creditor can STILL pick up the vehicle since the debtor has failed to do all the responsibilities listed in the Code.
So far, only 1 Judge issues a tentative DISAPPROVING a Reaff and waiving appearances in advance of the hrg. That is Judge Robles. Then and ONLY then does the debtor not need to appear.
You MUST advise the debtor of the possible results of not attending their Reaff hrg.
Keith Higginbotham
To: cdcbaa
Sent: Sat, Apr 20, 2019 6:19 am
Subject: [cdcbaa] Reaffirmation agreement for different car companies - consequence?
tion agreements?
I have two cases:
Case 1: client has a BMW. She has signed the reaffirmation agreement.lf 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".
t 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?
d 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.

The post was migrated from Yahoo.

Your client MUST attend their Reaffirmation hrg. According to the code, the debtor must:
1. review and fill out a Reaff if received from a car creditor (never a house creditor)
2. must mail it back to the creditor.
3. If the creditor files the Reaff and a hrg is scheduled, then the debtor MUST attend the hrg.
These are the requirements of the debtor in a Reaff setting.
There is a great difference between the Court DENYING a Reaff for non-appearance of the debtor and the CourtDISAPPROVING a Reaff for it not being in the debtor's best interests. In the first scenario, the car creditor can STILL pick up the vehicle since the debtor has failed to do all the responsibilities listed in the Code.
So far, only 1 Judge issues a tentative DISAPPROVING a Reaff and waiving appearances in advance of the hrg. That is Judge Robles. Then and ONLY then does the debtor not need to appear.
You MUST advise the debtor of the possible results of not attending their Reaff hrg.
Keith Higginbotham
To: cdcbaa
Sent: Sat, Apr 20, 2019 6:19 am
Subject: [cdcbaa] Reaffirmation agreement for different car companies - consequence?
tion agreements?
I have two cases:
Case 1: client has a BMW. She has signed the reaffirmation agreement.lf 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".
t 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?
d 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.

The post was migrated from Yahoo.