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Reaffirmation on car in chapter 7. Now, I would like to rescind. Case is still open & no discharge yet. What must I do? $ back?

Riverside, CA |

Okay, so I signed a reaffirmation on a car about a month ago. I know I do have some rights of rescission. I am wondering what those are, and MORE importantly about the procedure for doing so. I am afraid to just mail the creditor a letter or whatever. Need to be certified? Sent to a certain dept? follow-up with the court?
Also, if I decide to turn in the car, can I get any of the money I sent them recently back???
Thanks for the help.

Attorney Answers 3


You have at until the entry of discharge, or 60 days after you signed the reaffirmation (if that is a later date), to rescind. You should send the notice by certified mail, so that you have proof for later. You may want to file a notice with the Court of your rescission with a proof of service showing it was timely sent to the creditor.

Nothing contained in this message should be construed as legal advice. Brett Bodie, Attorney.

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Mr Bodie is absolutely correct.
After you rescind the agreement, you can request that they return any payments you made under that agreement; but if they're not cooperative, the cost to pursue it may be prohibitive.

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You have until the later of (1) 60 days after signing the reaffirmation agreement or (2) the date of discharge. Since you can never be certain when the discharge might be entered, it is best to rescind your reaffirmation agreement as soon as possible. The steps suggested by my fellow lawyers about creating a "paper trail" are sound.

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