Legal Question in Bankruptcy in Iowa

reaffirmation agreement

My father recently passed away. When trying to find the title to his vehicle we found out that he had declared bankruptcy while still paying on the loan, and the credit union informed us that since they took a loss on the vehicle, we would have to pay that amount to get the title. While going through some papers, we found a reaffirmation agreement that he had signed with the credit union. There is about a $7000 dollar difference in the original amount of obligation and the reaffirmed balance of obligation. However, he had paid the reaffirmed balance of obligation in full before his death. Since he had completed payment according to the reaffirmation agreement, is his obligation to the credit union fulfilled, therefore making him the legal owner of the car and entitled to the title to the vehicle?


Asked on 1/12/02, 8:35 pm

1 Answer from Attorneys
Bruce Buckrop Bruce Buckrop

Re: reaffirmation agreement

Yes, the re-affirmation controls, and the credit union is in violation of the bankruptcy law for trying to collect a discharged debt. See a lawyer for pursuing the contempt against the credit union.

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Answered on 1/14/02, 12:25 pm


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