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.