If I listed a vehicle in my Chapter 7 but then decided not to reaffirm it, can it still be discharged?

Asked on October 27, 2014 under Bankruptcy Law, Minnesota


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Generally yes, it will not stop the discharge (because you do not have to actually reaffirm if your intent is in the petition) but understand that you may now be in breach and the lender may indeed repossess the vehicle at any time.  If, however, you keep making timely payments on the loan there can be defenses to this repossession down the line.  I would speak with your attorney.  Good luck.

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