Since it was discharged, if that does happen can they still hit me for any deficiency?

You have 60 days after the reaffirmation was filed to rescind or back out of the reaffirmation agreement. You should strongly consider doing that if you still have time and look for another vehicle you can afford.

If the Judge signed off on the reaffirmation, you are on the hook for a deficiency. You could argue that the conditions the judge placed on the reaffirmation make the reaffirmation invalid to the court hearing the case to assess you with the deficiency, but whether the court would buy this argument is anyones guess.

Any debtor is liable to the extent a debt is re-affirmed. Whatever the judge ordered stands.

If you don't already have a copy of the Judges order regarding the reaffirmation, you need to get one. The reaffirmation should also comply with the Judges order and state that the missing 3 payments are tacked onto the end. If the documents reflect what you are saying, let the creditor know that you are contacting a bankruptcy attorney and taking them back in front of the Bankruptcy Judge to explain themselves.

You need the assistance of an attorney on this. The situation is complex and you have limited time in which to resolve it. If the judge's order is as you explain it, an attorney should be able to get the creditor to comply with the order.

Question: Since it was discharged, if that does happen can they still hit me for any deficiency? Question Detail: Reaffirmation agreement was approved by judge contingent upon the creditor taking the three missed payments and adding them back on - extending the term by three months. I still make the same number of remaining payments. Auto loan if it matters. Bank calls today, after discharge, and states that the three missed payments have to be made up within the 60 days from when the reaffirmation was filed or it will be sent to collections - and likely picked up. I know if I reaffirmed and defaulted, I could but where they are not doing, what the judge's notes have it approved contingent upon? At this point I, really don't want to be car shopping, but certainly can't make a triple car payment and not skip out on paying something else. Filed Pro-Se, if it matters.. *- you need to hire a lawyer to assist you with this matter; the judge's order should be referred to when dealing with the finance company so that they can be warned of the consequences of violating the bankruptcy court's order. *

If you are in Arizona then talk to the folks at the Bankruptcy Court Self Help Center. http://azb.uscourts.gov/default.aspx?PID=78 If you do not live in Arizona then check to see if your Bankruptcy Court has a self-help center. If not you can ask the court for a hearing on this issue. This is why I rarely allow my clients to sign reaffirmation agreements.

A reaffirmation agreement makes a deficiency judgment against you possible. The debt is not discharged when it is reaffirmed.

Since you reaffirmed, the debt was not discharged. If the reaffirmation agreement says the deficiency is to be deferred to the end of the loan, that is what the lender has to live with, although you may have to go back to court to enforce it. You also have certain rights to revoke your reaffirmation. This is not something you should handle pro se.