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Auto Re-affirmation

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    Auto Re-affirmation

    I am in mid-stream of my discharge and when we filed I told the attorney that I wanted to re-affirm my 2007 honda. Well now I have decided to surrender the vehicle because my Brother leased a car and I am going to make the payments - I commute 100 miles a day and this is a 2009 gas saver as well - I will save over 100$ a month on the new vehicle and even though it is in my brothers name I won't receive update on my credit reports for this auto I don't really care about that. I emailed my attorney who has not responded to my emails now that we have filed I guess they ignore you.
    So if anyone can give me there wisdom it would be very mind altering because I am now responsible for this other car payment and I am not going to pay on the honda or the insurance on the honda.
    Thanks for any help you can give me!

    #2
    I was told

    for $26 you can file an ammeded statement saying you want to surrender the car... and voila thats it.

    good luck B
    B x
    filed Ch 7 Oct 31st 2008.
    341 Dec 10th 2008.
    DiSCHARGED Feb 10th 2009

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      #3
      Thanks sounds easy enough-thanks

      Comment


        #4
        Under the new bankruptcy laws of 2005, if you did not sign a reaffirmation agreement already, the stay will be lifted off your car 30 to 45 days after your creditors meeting. Which simple means the creditor can repossess the car if you are behind on your payments or do not have the required insurance. But, you can return the car at any time and it will be discharged in your bankruptcy. If you signed an reaffirmation, your attorney would have to had signed that he or she believed you could make the payments and the judge would have to approve the reaffirmation before it becomes valid. If that has happened you still have 60 days to cancel the reaffirmation agreement and surrender the car. So if you don't want it you can turn it at anytime during you bankruptcy or shortly after and not own a dime and they can not put a repossession on your credit report.

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