What to do if in my Chapter 7 petition I stated that I wanted to reaffirm a car loan and mortgage but I have now changed my mind?

UPDATED: Oct 13, 2013

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Oct 13, 2013Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

What to do if in my Chapter 7 petition I stated that I wanted to reaffirm a car loan and mortgage but I have now changed my mind?

I want to reaffirm the car loan but retain and pay the mortgage. Do I need to file an amendment or wait until the reaffirmation hearing (I don’t have an attorney) to let the judge know of this change?

Asked on October 13, 2013 under Bankruptcy Law, California


Terence Fenelon / Law Offices of Terence Fenelon

Answered 9 years ago | Contributor

You can rescind(change your mind) regarding any reaffirmation agreement within 60 days of the recording with the court, or discharge, whichever evers later.  If a reaff hearing has been ste, appear and inform the judge of your change of heart.  If you don't appear and their is a presumption of undue hardsship. the agreement will  not be approved nor will it be valid.  I would advise that you appear and state to the judge your intentions.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption