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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Bankruptcy Law
Satisfied Customers: 12935
Experience:  B.A.; M.B.A.; J.D.
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I am looking for information to help me try and handle a situation

Customer Question

I am looking for information to help me try and handle a situation done in a filing a Reaffirmation agreement for a vehicle lease in my recent Chapter 7 in the United States Bankruptcy Court, Eastern District Michigan. My Chap 7 was discharged July 22, 2013. All i received was one sheet of paper stating I was discharged with the date on it in the mail. I went into the PACER site and created an account to make copies of several papers for myself to place with all my bankruptcy paperwork. I did this because my lawyer who did the Chap 7 for me is no longer available to me as he is extremely ill. I didn't receive copies of numerous paperwork related to my chapter 7 so i just felt it best to obtain them thru PACER myself so I had them for my records. I was sent the Reaffirmation agreement to sign from my lawyer, who in turn had received it from the auto lease company. My lawyer signed it 5/1/2013, I signed it 5/9/2013 and the lease company Rep signed it 5/13/2013. Prior to me signing, I called my lawyer as I was confused as to what everything or each section meant. He pretty much told me was it was OK, all standard kinds of stuff on there and to just to go ahead and sign it and mail it in the accompanying envelop to the lease company. But to remember, that I had 60 days from discharge (which I later learned was not true when I read thru everything) to change my mind. He also told me that I could change my mind and decide not to keep this car for any number of reasons, or simply because I just changed my mind period. Which I decided earlier this week, I didn't want the car anymore.

As i was reading thru page by page, from the Reaffirmation Agreement Cover sheet B27(Official Form 27) (12/09) all the way to the end of the Reaffirmation Documents B240A (Form B240A) (04/10) I being a lay person, noted numerous errors and lines on these papers that blatantly says to be completed, that were left blank. It was missed by my own lawyer, the trustees office, the lease company and the bankruptcy Judge...and myself the 1st time I read thru it only because i had no clue what I was looking at or reading. Example: On form B27 page 1, lines 7a, 7b, 8a, 8b, 9a, 9b and 10b...are all blank. Numbers 11 and 12 on page 2 are blank. On form B240A,...Part II box B is checked as "No". If checked "No", then on Page 3 of this form, item C #1 (a-d) was to be completed. it is all blank as well. Also on page 2 #D...this box is checked. if this box is checked, it states to also check the box on the top of page #1 that says "No presumption of Undue hardship"...this box is not checked...it is left blank.

What it appears to me is, this form was not completed properly and the mistakes were not caught by anyone except myself. Either that or they were and just ignored? I am at my wits end here. I cannot contact the lawyer who represented me. He is gravely ill. I have no other lawyer to go to without being asked a huge fee equal to what I paid my original bankruptcy lawyer to try and fix this somehow. I sustain on social security, i cannot do it again.There are mistakes, it is visible when reading that boxes and numbers were not checked or numbers added in but rather left blank. And it would seem that this Reaffirmation isn't a true legal document enforceable due to these errors. I cannot understand how this could all be missed by so many legal people to be quite honest. At this point, I have changed my mind about keeping this car lease going. But, if I do not bring forth these errors, I am not able to rescind my decision based on bad advice from my original lawyer. I was misinformed as to how this Reaffirmation and rescinding worked. Is there a form that I myself can get a copy of somewhere and fill out to have this looked into with the bankruptcy court to hopefully rescind this Agreement based on the mistakes made when filling it all out? It sure looks like it was the lease company that made all the errors. But, I guess i was under the assumption that my lawyer would have reviewed them for mistakes as would the bankruptcy trustee and the actual Judge who granted my bankruptcy. I do not qualify for any free help via a legal aid for low income. I always fall short in their cut off guidelines. this is something I fear i will need to try and tackle myself if I can obtain suggestions as to how to do so and what I need to try to do it with. I am sorry this is so lengthy. Just felt I needed to mention the form numbers in case someone from another state outside of my home state of Michigan needed a quick reference in case the form numbers were different.
Submitted: 1 year ago.
Category: Bankruptcy Law
Expert:  Phillips Esq. replied 1 year ago.
Thank you for giving me the opportunity to assist you. Kindly use CONTINUE or REPLY button to ask for clarification or follow-up questions.


When was the agreement filed with the Court?
Customer: replied 12 months ago.

I was informed it was filed on or about May 17, 2013. Thus making it so I missed the true 60 day deadline to rescind or change my mind. I thought I had entered that date within my question. This was one of the questions i had asked my then Chap 7 lawyer as I didn't understand what i was reading and being asked to sign. And I was told by him, I had to sign the reaffirmation in order to keep the car as I had then planned to. And, he also told me, I had 60 days from the discharge date to rescind the reaffirmation. The discharge date was 7/22/2013. That isn't true. he mis-informed me thus I missed out on rescinding. I have had to break down and hire another lawyer locally to hopefully try and fix the mess. To point out the botched paperwork info from the leas to own company, and the misinformation I received from the other Chap 7 lawyer as well as the incorrectness of the whole thing missed by the trustee and the Judge. It's my only salvation I guess, which bites because this has to be acted on very soon so I had to cut alot of corners in order to pay the new lawyers fee in full and up front.

Expert:  Phillips Esq. replied 12 months ago.

Thank you for the information:




I was informed it was filed on or about May 17, 2013. Thus making it so I missed the true 60 day deadline to rescind or change my mind. I thought I had entered that date within my question. This was one of the questions i had asked my then Chap 7 lawyer as I didn't understand what i was reading and being asked to sign. And I was told by him, I had to sign the reaffirmation in order to keep the car as I had then planned to. And, he also told me, I had 60 days from the discharge date to rescind the reaffirmation. The discharge date was 7/22/2013. That isn't true. he mis-informed me thus I missed out on rescinding. I have had to break down and hire another lawyer locally to hopefully try and fix the mess. To point out the botched paperwork info from the leas to own company, and the misinformation I received from the other Chap 7 lawyer as well as the incorrectness of the whole thing missed by the trustee and the Judge. It's my only salvation I guess, which bites because this has to be acted on very soon so I had to cut alot of corners in order to pay the new lawyers fee in full and up front..



Response: No, you did not give the date the agreement was filed with the Court. You only provided the dates that your lawyer signed, you signed, and the lender signed:



"My lawyer signed it 5/1/2013, I signed it 5/9/2013 and the lease company Rep signed it 5/13/2013."



Unfortunately and quite regrettably, even if there are errors on the document, you have lost your opportunity to seek redress from the Bankruptcy Court. The Bankruptcy Court does not have jurisdiction to hear your case because the deadline for rescinding the agreement has passed. The agreement should have been rescinded prior to discharge or within sixty days after the agreement was filed with the court, whichever occurred later, by giving notice of rescission to the lender. See 11 U.S.C. Section 524(c)(4). Also see the following cases decided by the Court on the issue of rescission.

Motion by Debtor to reopen to rescind reaffirmation agreement:

Motion of creditor to vacate discharge in order to file reaffirmation agreement—DENIED:

Reaffirmation Code—11 U.S. C. Section 524(c)

Phillips Esq., Attorney-at-Law
Category: Bankruptcy Law
Satisfied Customers: 12935
Experience: B.A.; M.B.A.; J.D.
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