Question:

Reaffirmation agreements? Creditor including unsecured debt?

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An auto finance company is trying to include unsecured debt in a reaffirmation agreement their lawyer sent me. I filed an objection to secured claim and it was sustained by the court. They are claiming I owe $7435.27. The objection that was filed stated that the secured debt is only $3450 and the rest was considered unsecured. They are making me pay the back payments I owe them but they are giving me an extension and putting the back payments at the end of the contract. Do I need to write my own reaffirmation agreement and submit it to their lawyer and see if he agrees to it using the figures that I have or just agree to the $7435 he is proposing is owed since they are being lenient with the back payments?

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  1. I would do it. THey are making it seem like they are being good to you yet charging you for amounts you do not technically owe. If you intend to keep the vehicle they can claim that extra amount as interest for the secured amount. You really need to be sure of your contract and what they can do before you do it. They can pull the reaffirmation out from under you though if you don't respectfully agree to the amount they propose.

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