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Soooo, what is your question? FMCC doesnt want to reaffirm your loan. Dont they have a choice? give them the car.Ask your b/k attorney about it.

2014-02-10 15:35:26
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Q: What do you do after filing Chapter 7 FMCC declares that in CA no reaffirmation agreements apply and are not accepted?
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Related Questions

What is a Reaffirmation agreement in chapter 7 bankruptcy?

A reaffirmation agreement is an agreement between the debtor and the lender that the underlying debt with not be discharged in bankruptcy. The debtor will remain personally liable for repaying the debt even after the bankruptcy.

Can you reaffirm unsecured debts when filing a chapter 13?

No. Reaffirmation of debt is an option only in Chapter 7. Your unsecured creditors are paid according to your plan in chapter 13. Five requirements exist under the Bankruptcy Code in order to determine whether a reaffirmation agreement is valid: 1. The reaffirmation agreement must be entered into prior to discharge and it must then be filed with the court; 2. The agreement has to state that the debtor has the right to rescind the agreement either within 60 days after it�s filed or prior to discharge (whichever comes later); 3. If the debtor is represented by an attorney, the attorney has to sign and provide an affidavit verifying that the agreement is voluntary and does not impose an undue hardship on the debtor; 4. The debtor did not rescind the agreement within the required time; 5. That the agreement complies with the requirements of �524(c); and 6. If the debtor is not represented by counsel then the court will approve the reaffirmation agreement if no undue hardship is imposed and the reaffirmation is in the best interest of the unless it�s a consumer debt that�s secured by real property. Reaffirmation agreements are usually signed when the debtor wants to keep property that is security for a loan such as a house or car. It would be very unlikely for a court to approve the reaffirmation of an unsecured debt. However, there is nothing to prevent you from voluntarily paying the debt despite the discharge of the debt.

What chapter in David Elkind's book The Hurried Child mentions contractual agreements between parents and children?

Chapter 10

In which chapter do Mr Darcy and Elizabeth say they love each other?

Chapter 58 (the book has 61 chapters). Darcy declares his love for Elisabeth way before (chapter 32), but he is rejected at first.

Can a car be repossessed AFTER chapter 13 filing in Missouri?

Yes. Only if there was a relief of stay issued for the vehicle or you signed a reaffirmation for the vehicle loan and didn't make the payments.

When does Tsunade become Hokage?

She accepted the position in chapter 169

If an LLC declares bankruptcy how are owed employee wages handled?

If an LLC declares Chapter 11 bankruptcy the employees wages will continue to be paid as normal. However, under a Chapter 7 bankruptcy, the employees are listed as creditors, and wages are paid out with other creditors from any remaining assets, if any remain.

Can you do a reaffirmation for a home mortgage debt under Chapter 7 bank?

Yes, but most attorneys will not sign off on it, because it is almost never in the debtor's best interest in reaffirming a mortgage.

What is certificate of an ongoing debt In relation to Bankruptcy petition.?

This is not a term used in US bankruptcy courts. In a Chapter 7, when a secured debt is to continue as a debt, the debtor must file a Statement of Intention with regard to secured debt and may also have to sign a Reaffirmation Agreement which the lender files with the court. Many court require a hearing to determine if the reaffirmation will defeat the purpose of the bankruptcy.

Can you keep a car that is being leased if you keep up the payments if you file a chapter 7?

You need to make sure the Statement of Intention lists the lease as a debt you are going to reaffirm, and that you follow through with the reaffirmation process.

Is the cosigner still liable if he did not sign a reaffirmation agreement in a chapter 7?

No. If a co-signer filed Chapter 7 bankruptcy and did not sign a reaffirmation agreement on the debt, then that co-signer is no longer liable on the debt. Please note that nothing in this posting or in any other posting constitutes legal advice; this is simply my understanding of the facts and law, which I do not warrant, and I am not suggesting any course of action or inaction to any person. Speak to a lawyer for specific advice. If you have any questions, please refer to a lawyer in your jurisdiction. Thanks!

Where is an Advanta card accepted?

Avanta credit cards are no longer accepted anywhere. This bank was shut down and filed for bankruptcy under Chapter 11 in November of 2009.

What is the chapter and verse in the NIV bible that declares Glory to God in the Highest?

The chapter and verse in the NIV bible that delcares gory to god in the highest is psalms 19:1. A more complete quote is "The heavens declare the glory of God; and the firmanent sheweth his handywork."

What ranked officer did gatsby start off as in the war?

Chapter 4: "I accepted commission as first luitenant when it began."

Does reaffirmation apply to ch 13 And if so and your mortgage was not reaffirmed can the mortgage company foreclose if mortgage payments are current How about after discharge of the debt?

Reaffirmation does apply to Chapter 13 bankruptcies, and the benefit of filing a Chapter 13 case is that you are usually able to retain your home (as opposed to a Chapter 7 case, where all of your assets are normally sold). Customarily, the debtor and lender enter into an agreement within the bankruptcy to cure the arrearages over a period of time while the debtor continues to make monthly payments. That said, if the debtor falls behind on the payments, the lender can petition the court for relief from the automatic stay and proceed to foreclosure. A lender may never foreclose if the mortgage payments are current and the debtor is in compliance with the other provisions of the mortgage. If your lender is foreclosing and you believe that you have made your payments on time (or adequately cured the arrearage in the bankruptcy), then you should contact an attorney immediately.

What happens if the second mortgage lender hasn't contacted you on a reaffirmation of a loan after a chapter 7?

Nothing happens, the lien still exists- and the 2nd lender can still foreclose if you stoip making payments. The bigger worry is why you would WANT to reaffirm a mortgage debt!

Two people own property together and one declares bankruptcy what happens to the other owner?

Nothing. In a chapter 13, there is a co-debtor automatic stay, but other than that, nothing.

Do you get to keep everything if you file bankruptcy?

Yes, if you file a Chapter 13, usually you can retain all your property, although you will have to reaffirm your agreements that relate to a mortgage(s) and auto loan(s). No, if you file a Chapter 8, some assets personal and real will have to be forfeited.

Can you file chapter 7 bankruptcy and keep your house while on a repayment plan?

Yes. Most secured property such as a home and/or vehicle can be kept if the lender agrees reaffirmation of the property. The homestead exemption is also a deciding factor in what happens to a house in a total liquidation BK.

In a chapter 7 bk- if a car company send you a reaffirmation contract- can they later say that you cannot reaffirm the debt because the loan is matured and they are not willing to take payments?

are u referring to a lease? its not unusual for them to not honor it, but they usually do 4 a retail contract

What page in eclipse does Jacob kiss Bella?

Not Sure about the page but he declares his love right at the end of the chapter 'Declaration' and then kisses her right at the start of 'Wager'. I'll ask my sister the page x

What are some different layouts for the beginning of a chapter in books?

There's only one traditionally accepted layout for chapters. If you have a chapter title or heading, that goes at the top underneath the line with the page number. Then, space down about 1/4 to 1/2 of the page and begin the chapter.

You did not reafirm your mortgage after filing chapter 7 how do you keep your house?

You had to sign and file a "statement of Intention" indicating if you were surrendering the house or reaffirming the debt. If the mortgage company did not send you a reaffirmation agreement, or your lawyer did not prepare one, you should still be able to keep the house, assuming you have continued to make the mortgage payments. If you did not, and are seriously in arrears, you will have to see if a chapter 13 is possible. See a knowledgeable bankruptcy lawyer.

If you continue to make payments will bank continue to pay taxes and insurance from escrow if you do not reaffirm your mortgage after chapter 7 bankruptcy?

If you continue making the regular mortgage payments, including the escrow amounts, you are reaffirming the debt. It would be better to formally file a reaffirmation agreement that is approved by the court.

Is it true that the last chapter or part of Gospel of John was a forgery?

The last chapter, chapter 21, is believed to have been written by the same, anonymous author as the Gospel as a whole. It is however likely that the last chapter of John's Gospel was added some time later by the same author.