Here is the link. The BK courts are still issuing Chimm orders but if you do not attempt to reaffirm they can repossess even if you have never been late.
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Same ruling applies to FL, my attorney told me that the courts were very clear on this, if you want to keep your car you MUST reaffirm the debt. -
No real surprise. Unfortunately, it is mostly up to the finance company. Since 2005, there is no "legitimate" retain and pay option for personal assets (cars, T.V. etc) [note, you CAN retain and pay on mortgages]. However, many judges allow a debtor to do an end run around the reaffirmation requirement, the reaffirmation merely needs to be submitted, whether it actually becomes a court order, is a different question. The code says the debtor must "perform" his intent, that is, the intent to reaffirm. That performance is merely the submission of the reaffirmation, the reaffirmation never needs to be be signed by the judge.
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