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Deadlines???

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apie1

Member
What is the name of your state? IL

Something I forgot to ask...my cousin was wondering, she is surrending a vehicle in her bankruptcy as well as wanting to re-affirm on another. (Shows in petition that one is to be surrendered the other re-affirm. She has already recieved the re-affirm papers for the one that she wants to re-affirm on which is dated october 24th. There were some issues with what the amount is stated on the re-affirm papers. Basically the amount on the re-affirm papers is a amount that was dated back on sept 24, but she has been making payments since then (never missed a payment). The lawyer stated to her earlier this week that he has tried to contact them to make the correction so that it states that the payments are current but just no answer yet. Couple of question...

1.) Is there a certain deadline that you have to meet to re-affirm as well as surrender? she filed her petition on the 18th of september and had her 341 meeting yesterday (trustee found no asset case). The surrender vehicle, (which the lawyer states haven't responded back to him yet) is just sitting at her mom's house waiting to be picked up. (Motion for relief of stay was corrected on 10/31/05 as stated by the pacer system) the lawyer is going back and forth with the surrending of the vehicle.

2.) If there is a deadline and she does not meet it, could it effect her case at all? I just want to make sure the lawyer is right on this...


3.) Is there any such things as deadlines at all?

Any thoughts would be appreciated....
 


bigun

Senior Member
Sounds like her lawyer has it under control.

http://assembler.law.cornell.edu/uscode/html/uscode11/usc_sec_11_00000524----000-.html

(4) the debtor has not rescinded such agreement at any time prior to discharge or within sixty days after such agreement is filed with the court, whichever occurs later, by giving notice of rescission to the holder of such claim;


Don't worry about the vechicle that's to be surrendered. That's the creditors problem now and they'll snag it sooner rather than later.
 

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