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We filed chapter 7 bankruptcy in California with the intent…

We filed chapter 7 bankruptcy...
We filed chapter 7 bankruptcy in California with the intent on reaffirming the car.We are 90 days out with a report of no distribution and "awaiting discharge" on Pacer.We have $6000 equity in the car. We are 3 months $1500 behind on payments. The reaffirmation hearing is next Thursday and I CANNOT get off work for it. My husband can go.Our lawyer (whom we've never met) says we must attend the meeting and tell the judge that we have changed our mind about the reaffirmation before we can sell the car or trade it in on a cheaper car.We are reconsidering since there are starting to be a few problems with the car and there is no way I can get to the hearing.Since we are not discharged yet,
Should WE contact our trustee and tell him we aren't reaffirming and ask for permission to sell or trade in?
If I don't attend the hearing will the case just be dropped and our bankruptcy discharged allowing us to sell or trade in STAT before Repo?
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Answered in 5 minutes by:
10/11/2017
DrakeLAW
DrakeLAW, Attorney
Category: Bankruptcy Law
Satisfied Customers: 1,038
Experience: Attorney at Drake Law Firm PLC
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Hi, my name is ***** ***** I look forward to helping you, please give me a moment to review and possibly research answers to your question.

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Reaffirmation will have no impact on your discharge or your case. It will only either be reaffirmed or not. You do not need to both attend the hearing, just your husband could go. But I guess first you need to decide if you want to reaffirm or not. Reaffirming won't help with the delinquent payments though. Do you have the ability to make them current?

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Customer reply replied 8 months ago
but it would be very, very tight. We have good incomes with long work histories so I feel a new loan wouldn't be impossible

Ok, is a lawyer going to be attending the reaffirmation hearing with you or are they saying you need to attend by yourself unless you pay more?

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Customer reply replied 8 months ago
we will be pro se.
Customer reply replied 8 months ago
I was hoping we could just trade it in on something less expensive and be done but I'm worried they will repossess if we don't act soon. So if my husband goes to the hearing, says we've changed our mind, we can hustle up and sell it that day or the next before they can repo? Even if we aren't yet discharged?

You don't even have to show at the hearing. Just don't attend and then the reaffirmation will be denied.

Problem is right now the vehicle is property of the estate and the Trustee has the rights with it until the case is closed. Was the vehicle fully exempted in your schedules?

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Customer reply replied 8 months ago
Oh yeah. Plenty of wildcard leftover too if the whole car was turned to cash!

Ok, then it never becomes property of the estate so you can sell it if you want. Just go ahead and sell it or trade it in.

Please kindly rate the question so I may be credited. Thank you. You can still ask follow-up questions.

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Customer reply replied 8 months ago
Ok, so we finally heard back from our lawyer who said we must attend the meeting and tell them we changed our mind (yeah, I thought that was a waste of court time?) Also that we can't take out any financing on a different car until we are discharged. Sigh So...
Husband goes to meeting. Is there a chance for him to negotiate a deal with the lender. We have 6000 equity and 2000 behind on payments. ANY chance they would negotiate or should we plan to hustle up after meeting and try to sell before they repo? THANKS!

Well I disagree. The discharge has nothing to do with any of this and if you do not want agreement reaffirmed you do not need to attend the hearing.

You can negotiate with the lender yes, but the reaffirmation agreement is the place for that to happen.

DrakeLAW
DrakeLAW, Attorney
Category: Bankruptcy Law
Satisfied Customers: 1,038
Experience: Attorney at Drake Law Firm PLC
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DrakeLAW and 87 other Bankruptcy Law Specialists are ready to help you
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Customer reply replied 8 months ago
Thanks for everything. My lawyer is a PIA but my legal plan paid 100% so you get what you pay for LOL. If we can negotiate a reaffirmation without shelling out the 2grand, we will do that and trade it in on a newer one soon. If we can't, we will just sell it before the repo man finds it.

Yes, you definitely get what you pay for. You got it, your plan sounds great to me. Good luck!

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