Bankruptcy Law Questions? Ask a Bankruptcy Lawyer Now.
Hi - my name is Kirk and I'm a Bankruptcy litigation attorney here to assist you.
1. If the car loan is cross-collateralized with other debts, it is possible to reaffirm only the car loan and discharge the unsecured debts. However, if the car loan is in default at the time of filing, or if the lender refuses to agree, you could lose the vehicle. If you're looking to discharge all of the unsecured loans, the lender is not likely going to be very helpful to you in reaffirming the car loan. You may have to agree to re-affirm some other debt in order to reach a deal.
2. If the the car loan is a joint debt between you and your spouse, you filing bankruptcy will affect her because she will become 100% responsible for the debt after you're discharged. It is also possible that this account will show up on her credit report as delinquent, in bankruptcy, etc.