Legal Question in Bankruptcy in New York
Car loan
I am the primary loanholder on a car loan that my husband is the co-signer. Do I need to sign a reaffirmation statement ? If I do not can they reposses this car. We are current on the loan. I filed chapter 7 bankruptcy alone.
1 Answer from Attorneys
Re: Car loan
Generally speaking (and this is VERY general), the bankruptcy court looks long and hard before allowing a Chapter 7 debtor to sign reaffirmation agreements (and reaffirmation agreements are subject to court approval).
If debtor's payments remain current, many lenders do not repossess collateral securing a loan (lenders generally want money, not personal property). If debtor falls behind in payments on the collateral, though, repossession can occur very, very quickly.
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