Legal Question in Bankruptcy in Illinois

Re-affirmation of debt

We have recently filed for bankrupcy and have a loan with Toyota Motor. We have advised Toyota we would like to re-affirm our debt. However, they have told us that our Attoney should initiate this process. Our attorney, on the other hand tells us it should be up to Toyota to initiate.

Are we getting the right legal advise?

Also, until the debt is re-affirmed, Toyota will not mail us any statements or will allow us access to pay the bill electronically or by phone. What are out options?


Asked on 4/18/05, 7:41 pm

1 Answer from Attorneys
Kevin Plachta The Law Office of Kevin F. Plachta

Re: Re-affirmation of debt

Your attorney should contact Toyota and work out the agreement. Thats part of why you pay an attorney. Toyota will not mail you statements because the account is part of the bankruptcy and all collection efforts must stop. That being said it is your responsibility to make your monthly payments to Toyota until the agreement is completed.

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Answered on 4/19/05, 9:03 pm


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