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Married but filed individually, do I need spouse to sign car reaffirmation?

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    Married but filed individually, do I need spouse to sign car reaffirmation?

    Quick question, sorry if it's been asked before but I couldn't find it searching old posts.

    I am married but filed Chapter 7 individually. The only joint debts I have would be 2 car loans with my husband. Payments are current, no problems. Both lenders are fine with reaffirming what payment arrangement we have always had.

    But...is my husband supposed to be on the reaffirmation agreements? His name is listed on one and not the other. I am inclined to think not...my bankruptcy doesn't change his responsibility for the debt, does it?

    Thanks for your help!

    #2
    Reaffirmation simply puts the debtor back on the same 'hook' for the debt that the bankruptcy discharge took him off of. Thus, it would be pointless for a non-filing spouse to reaffirm since he has never disaffirmed (is that a word?) in the first place.
    Pay no attention to anything I post. I graduated last in my class from a fly-by-night law school that no longer exists; I never studied or went to class; and I only post on internet forums when I'm too drunk to crawl away from the computer.

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      #3
      That would be my logical assessment of the situation, but I'm facing resistance getting his name taken off the agreement.

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        #4
        Think about this approach: If you're going to reaffirm anyway (I'm not saying that's a good idea -- in many cases it is not) what would be the possible harm in having him sign the reaffirmation agreement? Seems to me it would have absolutely no legal effect since he's already on the hook for the debt anyway.
        Pay no attention to anything I post. I graduated last in my class from a fly-by-night law school that no longer exists; I never studied or went to class; and I only post on internet forums when I'm too drunk to crawl away from the computer.

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