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Terry L.
Terry L., Attorney
Category: Bankruptcy Law
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Experience:  Better Business Bur 15yrs bankruptcy experience. Chicago Bar
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during a recent bankruptcy filing I wanted to turn in my truck,

Resolved Question:

during a recent bankruptcy filing I wanted to turn in my truck, the bank offered a reaffirmation agreement in which they knocked off about $2000 and $51/month in payments. I signed the agreement 3 times during the course of the proceedings--the third time I told my attorney he needed to send it certified mail since the bank kept saying they did not receive it and my attorney never sent it in. Now the bank says I am $1846 behind and need to pay it in order to keep the truck. My attorney has no proof he ever sent in the reaffirmation agreement and keeps blowing me off. What can I do?
Submitted: 5 years ago.
Category: Bankruptcy Law
Expert:  Terry L. replied 5 years ago.
Hi.
This is a tricky situation, although not unusual.
If the creditor never recieved the reaffirmation, and it was never filed with the court, then it technically is not enforceable, and the debt is discharged in the case. If it was received and was filed, then the terms of the deal will control.
If they didn't get the reaffirmation, you need to see how the lender is treating the deal. They have the right to pick up the vehicle, even if you are current, without a valid reaffirmation, since the debt was technically discharged in the case.

If the lender is going with it, I wouldn't rock the boat. If they are having issues, you might want to see if the lender is willing to re-write the note. They should be willing to work with you, since they'll get more money this way, than if the repo it and sell it.
Customer: replied 5 years ago.
the lender in not willing to re-write the note. they say if the attorney can show that he ever sent it in they will pay to reopen the case and do the reaffirm. The attorney (I believe) never sent it in. What I was wondering is can I sue the attorney for malpractice and recoop the money it is going to cost me that I shouldn't have had to pay?
Expert:  Terry L. replied 5 years ago.
While it may be possible, I don't know if there was any legal malpractice here. If the attorney did not send it, even after request, then I suppose there could be some liability there. You should go meet with the attorney to see what's up, perhaps the have a copy of the letter they sent with it, or the postcard if sent certified. If not, then maybe they will reopen the case too for you if the lender is willing to accept it. The court might not allow it, though, since a reaffirmation needs to be entered before discharge. If you have a letter from the lender saying that they will accept it though, then the court might allow it. The court fee to reopen the case is just $260.
Terry L., Attorney
Category: Bankruptcy Law
Satisfied Customers: 2569
Experience: Better Business Bur 15yrs bankruptcy experience. Chicago Bar
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