Missing Reaffirmation

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It sure seems like they sat on their rights, but I'd check the docket to
make sure the reaffirmation wasn't approved.
Steven B. Lever

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Yahoo Bot
Posts: 22904
Joined: Sun Oct 18, 2020 11:38 pm


On a long since discharged and closed Chapter 7, when the client called the
car finance company to find out when to expect monthly statements again from
the schedule payments that he has made on time all along, they were told
that the reaffirmation agreement was not filed and entered by the court, in
spite of the fact that my office returned it with plenty of time for the
lender to do its thing. While chewing on this tidbit of information, the
client had a small accident and they have a $1000 deductible on their auto
policy.
This begs the question, can the client now just return the car to the
finance company free and clear and walk away from all of it? I see no
reason why not, but I may easily be missing something.
Desiree Causey, Esq.
Law Office of Desiree Causey
17011 Beach Blvd., Suite 900
Huntington Beach, CA 92647
714-375-6663
714-908-7646 (fax)
On a long since discharged and closed Chapter 7, when the
client called the car finance company to find out when to expect monthly
statements again from the schedule payments that he has made on time all along,
they were told that the reaffirmation agreement was not filed and entered by the
court, in spite of the fact that my office returned it with plenty of time for
the lender to do its thing. While chewing on this tidbit of information, the
client had a small accident and they have a $1000 deductible on their auto
policy.

This begs the question, can the client now just return the
car to the finance company free and clear and walk away from all of it? I see
no reason why not, but I may easily be missing something.


Desiree Causey, Esq.
Law Office of Desiree Causey
17011 Beach Blvd., Suite 900
Huntington Beach, CA 92647

714-375-6663
714-908-7646 (fax)


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