Do I have to- SHOULD I reaffirm car? Chpt 7.

[SkankCheese]

What is the name of your state? NC

Filed Chapter 7 a few weeks ago, pro se and my lawyer [me] received this note yesterday from my car company:

Dear SkankCheese:
Due to the recent bankruptcy filed by the above referenced debtor who is your client, we can no longer generate monthly statements for this account. Also, any payment that was set up on the direct AHFC EasyPay system will cease as of today. If it your clients intention to reaffirm the debt, please complete the enclosed Reaffirmation Agreement (which wasn't enclosed) and return to American Honda Finance Corp at the following address: (then it gives their PO box). Then goes on to tell me that to ensure all payments are processed correctly to have me reference my account number on all payments and correspondence going forward. Then it says if I have questions or wish to surrender the vehicle to contact them at blah blah blah.

So does that mean I can do as originally planned and NOT sign a reaffirmation agreement, but keep the car if I keep making payments? Or is it best to just sign the agreement... which wasn't enclosed. Also, when I pay the car off will it be mine? Or if I go to trade it in- will I have that right since technically I claimed it in bankruptcy?
Any help appreciated.

 

[SkankCheese]

Anyone know?

 

[jetskiscott2]

I'm in Cali and had the same situation. The general rule is to NOT sign a reaffirm agreement unless you're required by law. The bank canceled my online payment option and I had to mail in a payment. I kept making my car payments until I decided I didn't want the car anymore. I called the bank and they picked it up w/no further financial obligation on my shoulders.

The bank would probably love you to trade in the car to a dealership because that means the dealer will payoff the car and your bank will get their money.

Yes, if you payoff the car you'll get to keep it.

I gave back my car because I was 8 thousand dollars upside down and had no desire to pay it if I didn't have to. I had a friend cosign for a new vehicle and all is good.

I'm not a BK expert... just talking about my own experience. I hope this helps and good luck