Legal Question in Bankruptcy in West Virginia

Re: Reaffirmed car

If the reaffirmation was signed by a debtor, the creditor and by lawyer and filed with the court it is binding. Accordingly, if the debtor later fell into default, the lender could demand the full amount of debt or repo the car or both. Of course you would get credit for the net proceeds of the sale of the car. Options include: refinance of the car and pay it off, sale of the car with the agreement from the creditor to release the lien if the sale price is less than payoff, file a Chapter 13 and cure the default or redeem the car in the plan. This is not intended to be advice to you and you should consult a lawyer to exhibit the documents and to discuss the remainder of your present circumstances. The reaffirmation agreement, if filed, will be available to any lawyer with access to the Pacer System (to view any bankruptcy documents)