Reaffirmation of Debt

[oyecisco]

What is the name of your state? California
I am in Chapter 7 pro se.
I submitted as part of my filing my Intention to Reaffirm a debt.
I called the court clerk to find out the status of my case because at my 341 meeting I received a form telling me that in order to reaffirm a debt I must first have a meeting with the judge. According to the court clerk there is no meeting scheduled; the case is pending discharge about three weeks from now.
My question is: Whose responsibility is it to file for Reaffirmation? The debtor or the creditor? Should I call them and tell them to get going on this or sit tight and let them figure it out themselves?
Thanks in advance for your help.

 

[Ladynred]

Its really up to the creditor to get off their duff and send you the reaff papers to sign. There is no meeting with the judge yet because no reaff papers have been filed. Because you are pro se, the BK judge must approve the reaff and that's what the meeting would be for - to explain what the repercussions are etc.

 

[bigun]

Don't reaffirm unless, your district requires you to do so.
The bk code is pretty clear. If you're pro se, a judge must counsel you on the pros and cons of reaffirmation.

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

(6) (A) in a case concerning an individual who was not represented by an attorney during the course of negotiating an agreement under this subsection, the court approves such agreement as— (i) not imposing an undue hardship on the debtor or a dependent of the debtor; and (ii) in the best interest of the debtor.