Legal Question in Bankruptcy in Ohio

Reaffirmation

I just went thru bankruptcy,due to my husband chose this while going through our divorce.I want to keep my car and my lawyer never told me to continue making any payments until they send us reaffirmation papers to sign.I called the people who have my car financed and they didn't mention to continue making payments either.They did however tell me they were behind sending the paperwork out for the reaffimation. Now to my question,The papers were sent to my lawyer in July with the info. telling me I was to resume Payments in May which my lawyer had me come sign Aug.1. On these papers my lawyer crossed their dates out of resuming payments from May to Aug. Doesn't this make those papers void? Also, now I have the people calling about my car telling me I'm 86 days behind on my payments. I'm Pleading for help,my lawyer says tell'em to come get the car. I'm an honest hard worker and this is unfair to myself and my children that I can't afford to fire this man and hire someone else. My divorce will be final soon and I'll never have to deal with this lawyer again. He is supposed to be looking out for my best interests instead he's created a mess for me to clean up. HELP!!!!!!!!!!!!!


Asked on 8/18/02, 5:17 pm

1 Answer from Attorneys

Steve Chaffin Steven E. Chaffin, Attorney

Re: Reaffirmation

Dear Ms. Mess,

You said you wanted to keep your car. I assume you understand that in order to keep your car you have to pay for it. The bankruptcy had nothing to do with that. I�m sure the car financing company would be glad to have you keep the car and continue to make the payments. If you are behind because you didn�t make the payments, what happened to the money? If you spent it, then neither the bankruptcy nor the divorce would not have prevented you from getting behind. Sounds like your attorney may have given you good advice. Consider letting the car go and getting another one at a pay here pay here place, or consider filing chap. 13. Good Luck.

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Answered on 8/19/02, 9:55 am


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