Reaffirmation agreements are contracts that allow debtors to keep certain secured assets, such as a car or a house, in exchange for continuing to pay the debt after bankruptcy. However, reaffirmation agreements are often a bad idea for debtors who file for Chapter 7 bankruptcy, because they can expose them to unnecessary risks and liabilities. Here are some reasons why reaffirmation agreements should be avoided in most cases:
- Reaffirmation agreements waive the discharge of the debt. This means that if the debtor fails to pay the debt after bankruptcy, the creditor can sue them and take their property or garnish their wages. The debtor will not have the protection of the bankruptcy court or the automatic stay.
- Reaffirmation agreements can prevent the debtor from getting a fresh start. By keeping the debt, the debtor may have less income and assets available to pay other debts or expenses. The debtor may also have difficulty obtaining new credit or refinancing their existing loans, because they will still have a high debt-to-income ratio.
- Reaffirmation agreements can be unfair and coercive. Some creditors may pressure the debtor to sign a reaffirmation agreement by threatening to repossess their property or by offering unfavorable terms, such as high interest rates or fees. The debtor may not have enough time or information to make an informed decision, especially if they do not have an attorney to advise them.
- Reaffirmation agreements may not be necessary or beneficial. In some cases, the debtor may be able to keep their property without signing a reaffirmation agreement, by paying the creditor directly or by redeeming the property for its current value. There is an entire small industry of lenders that cater the chapter 7 people who wish to redeem their car and end up with a smaller car loan. Interest rate may still be terrible, but if you do the math and knock of thousand of dollars in debt, you very well will be likely to be ahead of the game when the payments are done. Check out 722redemption.com for more information. 722 Redemption Funding - Keep or Replace Your Vehicle in Bankruptcy - 722 Redemption Funding In other cases, the debtor may be better off surrendering their property and buying a cheaper or more reliable one with cash or credit.
Therefore, reaffirmation agreements are usually a bad idea for debtors who file for Chapter 7 bankruptcy. They should only be considered if the debtor is confident that they can afford to pay the debt and that the property is worth keeping. The debtor should also consult with an attorney before signing any reaffirmation agreement, to ensure that they understand their rights and obligations.