sua sponte hearing

[dbake]

What is the name of your state?What is the name of your state?CO

I had my 341 hearing on Friday, 8/5. It was no big deal. ID, SSN, a question about my 2004 tax refund, and that was it.

Then today I got a letter in the mail from the court saying there is a sua sponte hearing concerning the reaffirmation agreement for my car. GMAC filed the agreement 8/2 and the letter was dated 8/4. Is it normal to schedule an additional hearing for a later date before the 341 hearing has occurred?

Actually, that is not what concerns me. What are the chances that the agreement will not be approved? What can I do to improve the probability of its approval? The letter says it is a telephonic hearing and that I may appear in person or by calling; is one better than the other to the judge?

I filed pro se and am current on my car payments, even after filing, if that makes a difference.

Thanks in advance for the advice!

 

[bigun]

First of all, don't reaffirm unless your distrtict requires it.
Many bk judges want to be sure pro se filers understand what they're getting into when they reaffirm property. This is really pretty routine. The judge will just be sure you have all of the facts.

 

[dbake]

How do I find out whether or not my district requires it?

I definitely want to keep my car. I can afford the payments and as a single parent and full-time teacher, it is better for me to have a reliable auto with a warranty. My monthly payments are low with a decent interest rate, and if I were to get a new loan with bk interest in order to lower my payments, I would be limited to a $4k loan or less.

 

[bigun]

That's what the judge will talk with you about. As long as you're making the car payment, the auto finance company won't repo.
If you don't reaffirm and for some reason you can't make the payments, you walk away with no liability for a deficiency payment.