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.


Asked on 2/06/08, 7:54 am

1 Answer from Attorneys

Nancy Delain Delain Law Office, PLLC

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.

THE INFORMATION PRESENTED HERE IS GENERAL IN NATURE AND IS NOT INTENDED, NOR SHOULD IT BE CONSTRUED, AS LEGAL ADVICE. THIS POSTING DOES NOT CREATE ANY ATTORNEY-CLIENT RELATIONSHIP BETWEEN US. FOR SPECIFIC ADVICE ABOUT YOUR PARTICULAR SITUATION, CONSULT YOUR ATTORNEY.

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Answered on 2/06/08, 10:45 pm


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