Joint account holder with spouse

[sscott4775]

If you want to file pro se and have an unsecured debt and a car loan with your spouse, can you simply file a reaffirmation agreement on those debts if you want to protect your non-filing spouse or would that be a no-no? All the rest are credit cards in my name that I foolishly used irresponsibly.

[justbroke]

You don't need a reaffirmation agreement to protect a co-debtor. The co-debtor just become responsible for the debt. I don't know of any court that would allow you to sign a reaffirmation agreement on unsecured debt (period). In some jurisdictions you have to redeem, reaffirm, or surrender a vehicle. Again, since you have a co-debtor--who I assume is on the registration and is a co-owner of the vehicle--then the debt would just be theirs. Nothing should affect their credit under this scenario. The creditors have the co-debtor as responsible and the co-debtor should continue making payments during the pendency of the Chapter 7 (the period between filing and discharge).

At least, that's how I remember it working for me. I had a co-debtor on my unsecured debt and nothing happened to them at all.

[sscott4775]

Thanks for your reply.

I'd like to continue paying on the car payment and the personal loan, just declare bankruptcy on the other debts, so wouldn't I need a reaffirmation agreement to do that?

Thanks again!

[justbroke]

Unless the personal loan is through a credit union, has been cross-collateralized, and you haven't sought to get rid of the cross-collateralization, this can be problematic. No judge should ever allow a debtor to "reaffirm" an unsecured loan (such as a personal loan).

Since you are Pro Se you may need to obtain more detailed help from the Pro Se/Pro Bono clinic. If this personal loan is at a different bank then you would never reaffirm the personal loan unless it is a non-PMSI loan that is secure. Even then, you should rethink reaffirming such a loan. If none of this is making sense then I would definitely see if my court has a Pro Bono/Pro Se clinic.

There are potential issues with the specific bank, the type of bank (national, regional, or credit union), and even who may be listed first on the loan.