Letter to Reaffirm?

[pam674]

What is the name of your state? IL
I have filed pro se, and had the 341 Meeting on August 30.
It went just like I had read on here many times (no problem, quite brief) and I was so relieved. But I have not heard anything on the reaffirmation of our vehicle, which I indicated on the correct schedule. Do I have to send the loan company a letter of reaffirmation? I know the company knows because we told them when they called post-filing and I objected to the call (it wasn't about reaffirming).The 45 days is coming up and I am getting nervous about losing the car after all; we really need it to get to work!

Where can I find a sample of a reaffirmation letter, I've looked online several times now.
PS. The trustee acted like she had never heard of the Nolo book; she questioned me closely about it, I guess to confirm I had not paid anyone to help w/ my pro se filing.

 

[Shay-Pari'e]

You are responsible for the arrearages on the loan before the lending institution would even agree to sign a reaffirmation agreement.

So what happened in court? How did you not have contact with the creditor on this?

A reaffirmation agreement is a contract signed by the Debtor and their attorney obligating you to once again become personally responsible on the secured creditors claim.

Now your saying you can't pay it? Honestly, you should know all this. "Pro Sec", mean's exactly that.

 

[azgrandpa]

What "Pro Se" actually means!

Actually, Paridise; Pro Se means us working class have to file on our own, without a lawyer, because they have priced their services so high that only the rich can afford to use them!!
If all it took to know everything about the law was to read a book for a few hours; then I'll bet lawyer services would be MUCH lower. What do you think, huh?

 

[Shay-Pari'e]

Actually, Paridise; Pro Se means us working class have to file on our own, without a lawyer, because they have priced their services so high that only the rich can afford to use them!!
If all it took to know everything about the law was to read a book for a few hours; then I'll bet lawyer services would be MUCH lower. What do you think, huh?

I'm not quite sure why you are responding to me, but I know what "Pro Se" is, it is the same thing as "Pro Sec". Did I not give her the information she asked for?

My thoughts?....Well, I think if you are going to file something so serious on your own, then you should be prepared. There are law facilitators in most court houses, there are legal library's there as well. We also have the internet to research.

 

[Ladynred]

The debtor does NOT write up the reaffirmation agreement, the creditor is the one that sends YOU the reaffirmation agreement. You don't send THEM anything. They send you the reaff, you agree to it, and the BK judge must approve it, ususally there's a hearing.

In addition, there is NO REASON to stress about the reaffirmation agreement. It is NOT required to reaffirm to keep secured property in IL. That means if they flub the reaffirmation, you can STILL PAY as you would normally and keep the car. The only difference is that the debt will be discharged and you could walk away from it later, with NO liability, if for some reason you couldn't keep paying for it.

So chill out - its really better to NOT reaffirm if you don't have to anyway.

 

[pam674]

Thanks Laydnred, that's what I wanted to know. I thought we DID have to reaffirm in IL. But we'll just keep paying, it's only another 10 payments anyway.
In response to Paradise, who does not seem to have read my question carefully, at the 341 meeting no creditors showed up, and the trustee did not mention the affirmation at all. I was just looking for a source of a letter.

Believe me I know what Pro Se is.....a whole lot of work, stress, and worry.Thank goodness for the helpful people of this board who give accurate answers!

 

[Shay-Pari'e]

Thanks Laydnred, that's what I wanted to know. I thought we DID have to reaffirm in IL. But we'll just keep paying, it's only another 10 payments anyway.
In response to Paradise, who does not seem to have read my question carefully, at the 341 meeting no creditors showed up, and the trustee did not mention the affirmation at all. I was just looking for a source of a letter.

Believe me I know what Pro Se is.....a whole lot of work, stress, and worry.Thank goodness for the helpful people of this board who give accurate answers!

I apologize I could not have been more help. I have never had to file bankruptcy, so I am clearly not in your shoes. I did what I could, I responded, and it was accurate and most importantly free. You stated your 341 went as you expected, so silly me assumed you had the proper information.

With all the money you will be saving, you really should have hired an attorney, that way, there would be no need to get free advice. I stress the word FREE.

I'll tuck your comment in my comment folder, (That is Free also), good thing huh?