If I’m going through Chapter 7 and trying to reaffirm my car loan but my lender will not speak to me, what do I do?

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If I’m going through Chapter 7 and trying to reaffirm my car loan but my lender will not speak to me, what do I do?

Asked on June 25, 2012 under Bankruptcy Law, Idaho

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Your lender doesn't have to agree to allow you to re-affirm your car loan.  The bankruptcy court has to discharge the debt and then agree to allow you to motion to reaffirm the debt and the creditor has to agree to allow you to reaffirm the debt. At this point, you may wish to try to attempt to get new financing and pay off the original debt or take it out of the bankruptcy and pay the debt.


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