Legal Question in Bankruptcy in Pennsylvania

Bankruptcy Law

I filed bankruptcy 2 years ago under a chapter 13. (I think it was 13, there was no repay of debt) My car was repossed recently and I was told that a reaffirmation was never filed by my lawyer for a new loan for my car. There was a mistake in my calculations as to how far ahead I was paid. I do all my bills via online banking and did not realize that I was not receiving a bill through that account from Chrystler. They were not allowed to contact me as to the mistake because of the bankruptcy law so they just came and took it. So my question is who responsibility was it to file the reaffirmation with Chrystler - mine or my lawyer ? During the process Chrystler was told I wanted to keep my car but the paper work was never done. During the hearing I had to pay an extra $100 because he never filed a schedule ''B'' for the money my exhusband still owed from our divorce even though I had proof that I did disclose that information to him previously. Since this happened I have not been able to speak with my lawyer. He has not returned any of my phone calls. I didn't have the $10,000 I still owed on the car, and they wouldn't let me refinance. I had to financed a new car. I now have nothing to show for 4 years of car payments. Please help !


Asked on 2/03/08, 6:45 pm

1 Answer from Attorneys
John Gibson John W. Gibson, Esquire

Re: Bankruptcy Law

The requirements for reaffirmation agreements changed in 2005. Reaffirmation agreements were much simpler and were usually sent out by the lender for the clients' signatures. There was something of a question among lawyers as to whether or not to do them at all since if the person defaulted on the reaffirmation agreement the client would remain liable for a deficiency whereas if none was signed and the client simply kept paying it remained a pre-petition debt and if the client kept paying the client would still have the benefit of the contract.

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Answered on 2/08/08, 3:22 pm


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