What to do if in my Chapter 7 petition I stated that I wanted to reaffirm a car loan and mortgage but I have now changed my mind?

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What to do if in my Chapter 7 petition I stated that I wanted to reaffirm a car loan and mortgage but I have now changed my mind?

I want to reaffirm the car loan but retain and pay the mortgage. Do I need to file an amendment or wait until the reaffirmation hearing (I don’t have an attorney) to let the judge know of this change?

Asked on October 13, 2013 under Bankruptcy Law, California

Answers:

Terence Fenelon / Law Offices of Terence Fenelon

Answered 8 years ago | Contributor

You can rescind(change your mind) regarding any reaffirmation agreement within 60 days of the recording with the court, or discharge, whichever evers later.  If a reaff hearing has been ste, appear and inform the judge of your change of heart.  If you don't appear and their is a presumption of undue hardsship. the agreement will  not be approved nor will it be valid.  I would advise that you appear and state to the judge your intentions.


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