Legal Question in Bankruptcy in California

I am married, but filed Chpt 7 bankruptcy on my own and my debts were discharged on Feb. 22, 2011. My husband and I have a car loan with both our names on the loan. I included this loan under an exemption to be able to keep the car. I filled out the reaffirmation paper work, Wells Fargo Auto finance sent the paperwork thru the court, and I have another appearance before the judge on 3/4/11 to have the affirmation accepted. In the meantime, I was hoping to not have to reaffirm it after all. It's my husband's vehicle, and I was wondering if it is possible to not have the reaffirmation go through or is it too late? What would the reprocussions be to my husband if I don't go thru with the reaffirmation?


Asked on 2/27/11, 9:02 pm

1 Answer from Attorneys

Asaph Abrams Law Office of Asaph Abrams

Even after a reaffirmation is filed with the court, you can rescind (cancel) it by giving proper notice to the creditor. Rescission is permitted before the later of 1) the date the court enters a discharge order OR 2) before the expiration of the 60-day period beginning on the date the reaffirmation agreement is filed with the court. Thus, having merely filled out the paperwork doesn't make it too late to change your mind. As far as the repercussions of not filing a reaffirmation, I prefer not to generalize, since there are lots of particulars to consider vis-�-vis different creditors and changing practices, and other issues related to separate filing by a spouse. I'd recommend discussing this with your attorney. I hope the partial info helps a bit.

This answer (as well as our Web site) doesn�t address all facts & implications of the question; it�s general info, not legal advice to be relied upon; it creates no attorney-client relationship; it may be pertinent to CA only and certain facts may be relevant to the San Diego court only; it�s independent of other answers. Seek legal counsel before acting or refraining from bankruptcy/legal action.

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Answered on 3/01/11, 9:27 am


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