Co-signed my son's car loan; was reaffirmed under my bankruptcy; now he's filing; does he need to reaffirm?
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I was the co-signer on my sons car in 2007, payments have ALWAYS been on time. Due to family issues, I filed bankruptcy and included this car and reaffirmed and the bankruptcy has been discharged now for over a year and payments continue to ALWAYS be on time. My son is back in school and living in an area where he doesn't need/use the so I have it, however, he is still the primary on the loan and we do have the reaffirmation agreement from my bankruptcy. Question is, he wants to file bankruptcy, should he include the car on the bankruptcy to re-re-affirm the car or would the original reaffirmation be suitable since he doesn't even physically have the car. We are located in the State of Maine.
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Answer:
This is a question for your BK attorney, but I would think he needs to reaffirm if he wants to keep the car (or not have it repo'd). Reaffirmation means you want to honor the original contract and debt. Since he is primary on the loan, he needs to reaffirm his obligation. NOTE: I am not an attorney nor do I play one on TV. Do not accept legal advice from persons who are not licensed attorneys. This is the INTERNET, where anyone can say anything to anyone about anything.... and none of it is true.
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