Legal Question in Bankruptcy in California

Reaffirmation rules

My husband and I had our debts discharged in bankruptcy. On one page we had an auto loan listed with the words ''will reaffirm'' by it. We continued to make the payments for several months voluntarily, although we never signed a new contract to reaffirm the debt. Our income has dropped drastically in the last 2-3 months and we may lose the car after all. Question: If the car is repossessed, will we be liable for amount of loan not satisfied? We are uncertain if merely stating that we intended to reaffirm is the same as actually doing it with a new contract.


Asked on 5/24/02, 6:11 pm

1 Answer from Attorneys
Mark Markus Law Office of Mark J. Markus

Re: Reaffirmation rules

If you did not sign and file with the court a reaffirmation agreement, then you are not liable for the loan balance.

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Answered on 5/24/02, 7:02 pm


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