Will surrender force Chapter 13?

[tct]

What is the name of your state? The great state of Texas

My wife and I have two car payments, both over $650 apiece. One is a lease which still has over a year to go, the other isn’t worth what I owe ( both had negative equity from trade-ins rolled into the lease/loan amounts). I don’t want to keep either car because I don’t want such high payments in my simpler, post- BK life. I am concerned, though, that if I surrender the cars, the loss of the $1300 a month obligation will certainly push me into Chapter 13. It looks like TX requires a reaffirmation agreement. Can I state that I intend to reaffirm, then not do it and surrender the cars later?

No, you will still have to pay the debt if you file with intent to reaffirm. That's a pretty serious matter.

The only option you have would be to surrender the vehicle(s), then file your BK with those (no longer secured by property) accounts listed.
Well, that or don't and be stuck with the balance.

[Ladynred]

With negative equity, the Trustee may not ALLOW you to reaffirm, it does happen in those cases. Are you SURE TX requires reaffirmation ? It was my understanding that a reaffirmation was totally voluntary. I'd double check on this 'requirement'.

Consider this. If you file and include the cars as part of your expenses but debts you want to discharge, you can usually keep the cars and NOT reaffirm, but as long as you keep paying, they usually let you keep them. The debts for the vehicles will be discharged. AFTER you get the discharge, and you decide you don't want the cars anymore, you can turn them back in and you will have NO liability for them whatsoever, you walk away free and clear.