The 6-step process of reaffirming a car loan.
Reaffirming your car loan is a 6 step process:
(1) Tell the Bankruptcy Court that you want to reaffirm the debt. You do that by selecting the “reaffirmation” box for your debt on Official Form 108 (Statement of Intention). Upsolve's free web app will help you prepare this form.
(2) After filing your bankruptcy forms, you must mail the Statement of Intention form to your car lender. You should also call your lender and speak with the bankruptcy department. Ask them to send you a reaffirmation agreement.
(3) Receive, review, complete and sign the reaffirmation agreement, then send it back to the lender. You must sign and deliver your reaffirmation agreement to the lender within 45 days after your Meeting of Creditors. If you don't, the lender will be able to repossess the vehicle even without first asking the court for permission or giving you any prior notice.
(4) The lender will then file the signed reaffirmation agreement with the court.
(5) If you don't have a lawyer, or your lawyer hasn't certified the reaffirmation agreement, the bankruptcy court will hold a brief hearing to make sure that reaffirming is in your best interest. You will need to attend.
(6) The court either approves your reaffirmation agreement, or not. Typically, either way, as long as you're current with payments and the vehicle is insured, you'll be able to keep the vehicle. If the reaffirmation agreement is not approved, the lender can repossess the car if you default, but that's it. If the reaffirmation agreement is approved, they can also sue you for the deficiency balance still owed after the car is sold at auction.