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Reopen to take back reaffirmation?

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slliemab

Member
What is the name of your state (only U.S. law)? MI

I filed chapter 7 in March 2007. I had an old beater van that I had a personal loan on. I owed something like $8000 but the van was not even worth $1000. I filed without a lawyer which looking back I wish I wouldn't have because I made a few mistakes along the way. I could have used the advice that a lawyer would have offered me.

In July 2007 my case was closed because I didn't get the second part of my credit counseling class done. I tried to figure out how to do reopen it but had no luck at all. At one point after the case was closed I did take a signed reaffirmation agreement up to the bankruptcy court abd it was filed. Of course, I was unable to reopen the case so in Fevruary 2008 I called a lawyer and had it reopened that way. I got my discharge in March. Then I got a letter offering me a great deal on a newer van. The payments were less than what I was making on the other van. I kept ignoring them until September when my old van died and I took it in and it needs MAJOR work that would cost $5000. It's worth about $1000, I owe $8000 and the work would cost me $5000 so I called the company where I got the loan and they told me that the payments I were making were voluntary payments and that they were unaware that I had reopened the case with a lawyer so the reaffirmation agreement I signed was invalid for whatever reason so I went with the new van and then tried to voluntarily turn in the old one. Today when I called and asked why they won't pick it up because I am gonna get a ticket for having it the company they told me I can't do that because I signed a reaffirmation agreement. Now I am confused. They cannot contact me because of the bankruptcy so the only way I find anything out is by calling them and now I am stuck with this van and possibly the payment. It doesn't run. It needs a new engine as it burns through as much oil as it does gas, the transmission is the major problem and it has no suspension and the axle is broken. I can't drive it and I can't afford to fix it.

Is it possible to reopen the case and take back the reaffirmation agreement? I think that would be alot less expensive than paying to fix the van and pay the loan.
 


Zigner

Senior Member, Non-Attorney
I'll let others comment on the reaffirmation question.

I will point out that there is NOTHING requiring the lender to actually pick up the van.
 

Gregeney

Member
You have 60 days from the date it is filed to rescind a reaffirmation. You need to live with what turned out to be a very bad decision.
 

slliemab

Member
So there is nothing that I can do? I surely can't make both the car payment and the loan payment. Can I reopen the case?

Yes, It was a very bad decision. I am trying to get myself on track here and thought I was doing good until the van broke down. I am annoyed that the bank told me that the reaffirmation didn't go through to later change their minds. :confused:

If they don't want the van I can't junk it so I really need to figure out how to deal with that because I can't keep it sitting in my driveway without plates and insurance. Is there a way to legally keep it and say it's being repaired... at least until I find out what's gonna happen?
 

Gregeney

Member
I don't have the time to fully explain your options but the first thing you should do is make sure the reaff is in effect. It seems the creditor might be under the impression that it is not. Also explore the option of towing the van to the creditor and surrendering it that way. You may still owe the money but you might be able to rid yourself of the van that way. Another option might be to reopen the bk and move to have the lien removed if they won't accept the van. You really should have an attorney for this. If the lien is removed, you could junk it.
 

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