New York  |  Bankruptcy

Legal Question

Asked on: 10/21/12, 5:36 pm

I did not file a reaffirm on my car but have continued to make payments on time. can they take my car because i didnt file a notice to reaffirm

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Answered on: 10/21/12, 5:55 pm by Charles Andersen

Legal Answers Not as long as you make every payment on time in the correct amount and you were current at the time you filed. Otherwise, falling behind or being late in any payments would be sufficient to allow them to pick it up without notice. That's the disadvantage of !reaffirmation.


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Charles Andersen, Atty 1761 Hotel Circle S. Suite 270 San Diego, CA 9208

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Answered on: 10/21/12, 6:00 pm by Nancy Delain

I agree with Mr. Anderson. I would add, though, your account with the finance company or bank is now red-flagged as a bankrupt account, which means that they cannot send you new coupons if you pay by coupon book. I tell my clients to photocopy their last coupon before sending it in and send in the photocopied coupon month after month as they continue to pay the loan.

I stress, with Mr. Anderson: do NOT fall behind in these payments if you want to keep the car; even a day late can trigger a repossession without a reaffirmation agreement.

THIS POST CONTAINS GENERAL INFORMATION AND IS INTENDED FOR ENTERTAINMENT PURPOSES ONLY. IT DOES NOT CONSTITUTE LEGAL ADVICE, NOR DOES IT CREATE ANY ATTORNEY-CLIENT RELATIONSHIP. FOR LEGAL ADVICE ON YOUR PARTICULAR MATTER, CONSULT YOUR ATTORNEY.


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Delain Law Office, PLLC 107 N. College St. Schenectady, NY 12305

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