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  1. #1
    Join Date
    Oct 2007
    Location
    Michigan
    Posts
    5

    Default Reaffirmation of a Car Loan

    I filed Chapter 7 bankruptcy pro se on 10/03/07.

    I opted to reaffirm an auto loan through HSBC Auto Finance and already sent them my Statement of Intention and the reaffirmation agreement on 10/05/07 but I have not received the signed agreement back. Everytime I call them I get transferred to a voice mail and leave a message and am never called back.

    I need to file the Reaffirmation Agreement with the court by 12/20/07. Because I am not represented by an attorney - I must have a hearing to have the agreement approved by the court.

    My question is what happens if HSBC never returns the signed agreement. Will I have to amend my Statement of Intention or will the auto loan be discharged with the bankruptcy?

    Thanks!

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Reaffirmation of a Car Loan

    A reaffirmation agreement is not binding unless it is filed with the bankruptcy court. The court cannot approve a reaffirmation agreement that has not been submitted for its review. If your discharge is granted without approval of the reaffirmation agreement, the loan will not be reaffirmed and would thus be included in the discharge.

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