Last Updated September 18, 2026
Short answer
A reaffirmation is a bankruptcy agreement, filed with the court, to remain personally liable on a debt after discharge. § 524(c)–(k) sets the rules. It is common on Chapter 7 car loans. It is voluntary. Required disclosures apply, and there can be a presumption of undue hardship. You can usually surrender the collateral instead.
This is not a brand-new loan by itself. You are agreeing to keep personal liability on a debt the discharge would otherwise wipe out. Terms may match the old note or be changed. If your attorney will not certify the agreement, the judge may hold a hearing. Lenders sometimes refuse to reaffirm. Staying current without a reaffirmation is not a general Code right. Some lenders still take payments; others ask the court to lift the stay after the § 521 deadlines. The lien usually remains either way.
How Brock & Stout can help
We explain the risks, complete required papers when keeping the loan makes sense, and appear at any hearing. Call or request a free consultation. We will not sign off on an agreement you clearly cannot pay. We cannot promise lender or court approval.
Frequently asked questions
§ 524 provides a rescission window (before discharge or within 60 days after the agreement is filed, whichever is later). Act in writing as the statute requires.
Related resources
- Can I Keep My Car If I File Bankruptcy? — Can I Keep My Car If I File Bankruptcy?
Keeping a vehicle generally requires enough exemption protection for the debtor’s equity and a legally workable approach to the lender’s lien. The applicable exemption law may depend on domicile history. Chapter 7 options can include reaffirmation, redemption when available, or surrender. Chapter 13 may allow arrears to be addressed through a plan and, in qualifying cases, different treatment of the secured claim.
- Car Loans in Chapter 7 Bankruptcy — Car Loans in Chapter 7 Bankruptcy
Chapter 7 does not rewrite a car loan over five years. You generally reaffirm, redeem in a lump sum, or surrender. Some lenders still take payments if you stay current without a reaffirmation. That is lender practice, not a general Code right, and the lien stays. Missed payments often lead to stay relief and repo.
- What Is a Bankruptcy Discharge? — What Is a Bankruptcy Discharge?
A discharge is a court order that stops a creditor from collecting qualifying debts from you personally. It is not a refund. It does not, by itself, clear a title or remove a mortgage or car lien. Not every debt qualifies. Timing differs in Chapter 7 and Chapter 13.
Talk with a bankruptcy attorney
We can review your debts, property, and goals and explain Chapter 7 and Chapter 13 options that may be available.
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This page is general educational information about bankruptcy as of the date shown. It is not legal advice, does not create an attorney-client relationship, and does not guarantee results. Outcomes depend on individual facts and current federal and state law. We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code.
