Reaffirmment question...

[debiz1123]

What is the name of your state? Georgia

I almost have the same problem as new-start-in-ga, with the same company, except I filed in 2003 and paid on the loan until June 2005. I no longer have the items from Rooms to go and being out of work for a year couldn't afford to pay any longer. The loan was never reaffirmed, though I did try numerous times, so can this still be included in the bankruptcy from 2003? If so, how do I go about doing this? I've spoken to someone at HSC (who now has the loan) and they don't understand what I'm trying to explain to them. Also is it still considered discharged if it wasn't listed in the items I wanted discharged, but listed on the page of the items I wanted reaffirmed? I did all the paperwork myself, so I have no lawyer to go back to, I am now also living in California.

Hopefully this made sense and someone can help me.

Thank you so much.

Debbie

[debiz1123]

Can someone answer my question??

Thank you.

Debbie

[Ladynred]

If you did NOT reaffirm on the RTG agreement, then the debt WAS discharged. The collection agency can NOT even ask for a penny on a discharged debt, but they can try to scare you into giving them back the furniture - which they don't want anyway. They will like try to harrass you enough that you'll throw money at them to go away. In order for the them get ANYTHING from you they must file for Replevin - and that will cost them more money that used furniture would be worth.

Just don't even try to explain it to anyone, you owe nothing and you can't give back what you don't have.

[debiz1123]

Originally Posted by Ladynred

If you did NOT reaffirm on the RTG agreement, then the debt WAS discharged. The collection agency can NOT even ask for a penny on a discharged debt, but they can try to scare you into giving them back the furniture - which they don't want anyway. They will like try to harrass you enough that you'll throw money at them to go away. In order for the them get ANYTHING from you they must file for Replevin - and that will cost them more money that used furniture would be worth.

Just don't even try to explain it to anyone, you owe nothing and you can't give back what you don't have.

Thank you so much, but what about RTG not actually being listed on the page with all the debts that were discharged, but on the page of the two items I wanted to reaffirm, does that make a difference in if it was discharged or not?

Thank you again!

Debbie

REAFIRMED MEANS THAT, DISCHARGED MEANS THAT OK. You had 2 lists. What am I missing?

[debiz1123]

Originally Posted by taxpayer

REAFIRMED MEANS THAT, DISCHARGED MEANS THAT OK. You had 2 lists. What am I missing?

The items I wanted reaffirmed are on the form called Scedule D for secured debts, the items I didn't want reaffirmed are on the Schedule F for unsecured debts. Now after reading I see these forms just state if they are secured or unsecured, after reading the Schedule D, it doesn't say anything about reaffirming that was done on another sheet in the package.

Thank you so much for your help.

Debbie

[Ladynred]

I think you figured it out. As long as RTG was on your creditor matrix, and the debt was listed, then you're covered. Without the reaff the debt was discharged and no one can make you pay anything on it.