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Changed Mind on Reaffirmation

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    Changed Mind on Reaffirmation

    Hi All,

    We were discharged on Sept. 24, 2008 and are extremely relieved. Except for one thing. When we first filed we said that we had intended to reaffirm our 2 vehicles. After lots of thought, and counsel on this forum, we ultimately decided not to. The question is this: We received the Reaffirmation Agreements from both Auto Lenders, but never signed or sent them back. Can we now turn the vehicles in to the lenders? I was just checking since we originally stated our intention to keep them, I hope we didn't screw anything up.

    Any help would be greatly appreciated.

    #2
    As long as you never signed them (and thus they were never filed with the court), then you technically did not reaffirm. Thus you can turn the cars in free and clear
    Filed Ch 7 - 07/10/08
    341 Meeting - 08/13/08
    DISCHARGED! - 10/15/08
    CLOSED - 10/20/08

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      #3
      Johnny, Laura's right -- what you did not sign, you cannot be held to. Many people change their minds on reaffirmations before signing; it's the ones that sign that are chained to honoring the agreement. You did right.
      Nolo Press book on filing Chapter 7, there are others too. (I have no affiliation with Nolo Press; just a happy customer.) Best wishes to you!

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        #4
        Yes, you can walk away from the vehicles since you did not reaffirm...
        By the way, Congrats on your discharge!
        May 2008 Hired 1st Attorney/Stopped paying CCs
        May 21, 2009 Retained 2nd Attorney
        May 28th - Filed for Ch 7 (FINALLY!)
        9/11/09 - DISCHARGED!!!!

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          #5
          Thanks guys. As always I feel much better. This board is great.

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