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Reafirm vs Exempt Car

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    Reafirm vs Exempt Car

    Just talked with Attorney and he suggested converting 13 to 7 and also either to reaffirm or exempt my car(03 Accord BBV-$6500).

    What is the big difference in Reaffirmation vs Exempting? +/- of the two?

    Thanks in advanced!
    Last edited by Carloscda; 11-11-2009, 10:39 AM.

    #2
    Originally posted by Carloscda View Post
    What is the big difference in Reaffirmation vs Exempting? +/- of the two?
    Reaffirming your car means to guarantee in writing that you will continue to be responsible for paying your lender what you owe on the car in full no matter what happens after you file. Most bk lawyers will not recommend reaffirmation if you owe significantly more on the car than it's actually worth.

    Exempting most likely means that your lawyer hopes you can completely protect the entire value of your car under your state's auto exemption allowance when you file. This is the more preferable way to go because it allows you to protect your car and consider not reaffirming. This way if something happens to the car during your 13 (an accident that totals it, for example), you aren't responsible for paying the loan off in full plus trying to finance or buy a car to replace it simultaneously.
    I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

    06/01/06 - Filed Ch 13
    06/28/06 - 341 Meeting
    07/18/06 - Confirmation Hearing - not confirmed, 3 objections
    10/05/06 - Hearing to resolve 2 trustee objections
    01/24/07 - Judge dismisses mortgage company objection
    09/27/07 - Confirmed at last!
    06/10/11 - Trustee confirms all payments made
    08/10/11 - DISCHARGED !

    10/02/11 - CASE CLOSED
    Countdown: 60 months paid, 0 months to go

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