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  1. #1
    Join Date
    Jan 2006
    Location
    Kentucky
    Posts
    70

    Default Lawyer failed to reaffirm debt

    I don't know what to do, and need advice regarding my lawyer's failure to submit reaffirmation paperwork to my auto lienholder during my ch 7 case. As a result, my ch 7 was discharged 3/1 with the loan IIB, and on 3/8 they repo'd the car withour any notice.
    BTW, I DID sign and submit the ch7 INTENT to REAFFIRM forms with my filing.

    True, I did not maintain payments, but I was only 1 payment behind when I filed in October. I was prepared to resume payments with the reaffirmation, but we kept waiting and waiting for response to no avail. Lawyer said several times "I need to follow up with them"...and finally a week before discharge he realized he needed to send them paperwork. After the repo, I contacted the lienholder and they told me simply they hadn't received ANY correspondence from him (they even knew who my attny was), and without any protection they had no recourse but to take back the property - since they couldn't legally contact me any more.

    I was approx. $2k upside down on the loan, but at least I had reliable transportation ('02 model w/ 40k miles), and it represented some value in a trade-in. Plus, with the ch7 discharged, I could pursue a refinance and lower my payments. Well, NOT NOW!

    I was going to utilize this guy to assist me with other matters such as getting some judgements voided after the ch7, and t
    to clear a state tax matter...but now I'm not so sure.

    What's the opinion of others here in terms of my damages from his failure to submit the paperwork? What options do I have (in GA).

    Thanks :shock:

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

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