Do Not Reaffirm Your Car In Massachusetts If Current

26 Jan Do Not Reaffirm Your Car In Massachusetts If Current

You may get a letter from your car lender, forcefully stating that you must reaffirm your car loan under the Bankruptcy Code. This simply is not true in Massachusetts.

Massachusetts law says that a car cannot be repossessed if you are current on your payments, including insurance. Bankruptcy law says that there is no bankruptcy protection without a timely reaffirmation. This does not invalidate the separate Massachusetts protections.

Funny that the car lender’s letter didn’t say this.

Well, not so funny. You’re afraid and uncertain, and didn’t want to file bankruptcy in the first place. The lender is trying to take advantage of this. Do not reaffirm. It’s a one-sided agreement that only helps the lender. You are free to walk from the car without a reaffirmation, in case you lose a job or get injured or just can’t afford the repairs any more.

I’m Jed Berliner. I make sure that you’re fully protected when filing bankruptcy.

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L. Jed Berliner practices exclusively in consumer bankruptcy, foreclosure defense, and related consumer protection litigation such as credit card defenses and suing debt collectors. He established his Springfield, MA practice in 1988. Attorney Berliner is a regular and active contributor to the Bankruptcy Law Network, the Bankruptcy Roundtable, and the National Association of Consumer Bankruptcy Attorneys, three specialized consumer bankruptcy forums on the Internet, and is an informal mentor to regional practitioners. He is recognized by his peers as an expert in consumer bankruptcy issues. He thoroughly enjoys being rated "excellent" in his client surveys.

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