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MKD
Lv 4
MKD asked in Business & FinanceCredit · 1 decade ago

Reaffirmation Agreements?

Our former BK attorney will not return our calls. BK already discharged a year ago. Here's the problem and a little history. Husband has a motorcycle and husband refused to let it go, I would not sign the reaffirmation agreement, husband did not sign one, attorney even tried to get him to give it up and Harley Davidson Financial said they won't require an affirmation. Husband very stubborn and has mental health issues so he does not see things clearly. He still has the motorcycle but now he has no way to pay for it. He has not ridden the motorcycle for 2 years.

My understanding is that if you did not reaffirm and then if you later for some reason you can not afford the vehicle after the discharge then turn it in, they cannot come after you for the difference because no reaffirmation was signed. Can someone with knowledge help explain if I am right. Please no judgments, we tried exhaustively to get my husband to return the motorcycle before Bk discharge. Can anyone offer info here?

1 Answer

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  • ?
    Lv 7
    1 decade ago
    Favorite Answer

    Only two things matter.

    1. Was the debt discharged in the BK?

    2. Was a reaffirmation agreement signed?

    If the answer to number 1 is yes and the answer to number 2 is no then your Husband is in the clear.

    The debt is discharged and they can not come after him period.

    Source(s): Finance Manager for over 11-years, 2011 edition Consumer Action Handbook, BK in 2001.
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