Sure, but is up to the creditor to OFFER you a reaffirmation & you can't force them to make you an offer. Hope this perspective helps.
Yes, you can file a bankruptcy and reaffirm on your auto loan. If you file pro se, the judge will look at your income and expenses, and the judge may determine that you cannot afford the notes and will not approve the reaffirmation agreement.
If you file with an attorney, the attorney has the same responsibility (i.e. review your income and expenses to determine if you can or cannot afford the loan.) If the attorney does not sign off on the loan, the judge still can approve the reaffirmation agreement.
Answers and comments provided are for general discussion only. My comments are not to be considered legal advice and they do not create an attorney-client relationship.
Yes, you can probably keep your car. May depend on how much equity you have in your car and whether that equity can be exempted in TN or not. Also, some states (NC for example) do not allow for exemptions in various goods bought in the 90 days immediately prior to filing. No idea if TN has such a limitation, but you should check with a local bk attorney.
Also in regard to reaffirmation agreements, even if they do not offer a reaffirmation agreement, all the code requires is that you offer to enter into a reaffirmation agreement on the original terms of the financing contract you had with the finance company. If the finance company is not forthcoming with a reaff, make sure you send them a letter, certified mail, return receipt requested wherein you ask them to send you a reaff on the same terms and conditions and reflecting the current balance owed at the time of filing. In my district that would be sufficient for the judge to order that you be allowed to keep the car as long as no other instances of default occur (such as missing payments). This may not work where you are, so I recommend you retain an experienced bk attorney to assist you.
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Most likely. However, if the creditor or judge may not approve a reaffirmation. Best of luck to you.
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