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I have filed chapter 7 bankruptcy pro-se and the meeting of creditors was on June 3rd. I have not gotten the discharge yet but need to know about a reaffirmation agreement that I let sit idle (don't ask). This is to reaffirm a car loan and I still want to do it as the terms are favorable. I already talked to the creditor and they say the time has passed and I need to go to court now.
Response: Technically, while the parties have 60 days after the date of the Section 341 Meeting to file a Reaffirmation Agreement with the Court, the parties can still file the Reaffirmation Agreement after the 60-day deadline. So, if your lender is really serious about Reaffirmation, it would give you the Agreement to sign and submit to the Court for approval.
Here is a Reaffirmation Agreement Forms:
Question is, what do I need to do?
Response 2: There is nothing for you to do. Reaffirmation Agreement is voluntary. Thus, you cannot go to Court to have the Court order the lender to enter into Reaffirmation Agreement with you. Again, if the lender wants you to reaffirm the debt, the lender must provide you with the Reaffirmation Agreement for you to review and sign and then the lender would also sign it and then submit the Agreement to the Court for approval.
Do I need to file a ceratin paper or just request a court date? I am in Colorado.
Response 3: There is nothing for you to do here if the lender does not want to reaffirm the debt.
In any event, reaffirmation may not be in your best interests here as it nullifies the benefit of your bankruptcy for the reaffirmed debt. This means that if you default after reaffirming your debt regardless of your bankruptcy discharge, the lender may come after you for the deficiency after a repossession of your car. If you did not reaffirm, the lender cannot come after you for the deficiency because your personal liability is discharged with your bankruptcy discharge.
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