You are here:

Bankruptcy Law/Reaffirmation

Advertisement


Question
I had by Bankruptcy discharged in 2004. At which time a reaffirmed on my house and a vehicle. I have made all payments on both to today. I was just told that the Bank for the vehicle shows that the boat was discharged in and that I never reaffirmed. What would happen I just stopped making payments? Would this further damage my credit?

Answer
If you signed the reaffirmation agreement and it was filed with the court, then you are on the hook for the payments.  If you don't pay, they can repossess, sell the asset, then pursue you for the difference, if any, that is still owed.

If you did not sign the reaffirmation, or if it wasn't filed with the court on time, then the debt is discharged in the bankruptcy case.  The lender would have the right to take back the asset if you do not pay, but they cannot collect any further money from you.

Thanks for your question, good luck.

Bankruptcy Law

All Answers


Answers by Expert:


Ask Experts

Volunteer


Terry Leeders

Expertise

Handles Chapter 7 and Chapter 13 bankruptcy cases.
10 years of extensive bankruptcy experience. Filed over 3000 cases
Chicago Bankruptcy Lawyer website
"One On One Personal Service You Deserve"

Experience

I have been practicing bankruptcy law for 10 years. I have helped over 3000 consumer bankruptcy clients in that time.

Organizations
Chicago Bar Association Illinois Bar Association

Publications
author of Chicago Bankruptcy Blog
Chicago Chapter 13 Bankruptcy Blog
Illinois Bankruptcy Law Blog
Fresh Start Partners

Education/Credentials
University of Illinois Thomas M. Cooley Law School
Chicago Bankruptcy Lawyer website

©2012 About.com, a part of The New York Times Company. All rights reserved.