Last updated September 18, 2026
Short answer
A reaffirmation is a new contract, filed with the court, to remain personally liable after discharge. It is common on car loans in Chapter 7. It is voluntary. Presumption of undue hardship and § 524(c)–(k) disclosures apply. You can usually surrender instead.
If your attorney will not certify the reaffirmation, the judge may hold a hearing. Lenders sometimes refuse to reaffirm. Without a reaffirmation you may still be able to keep the car if you stay current, depending on the lender and district—with the lien remaining.
How Brock & Stout can help
We explain the risks, complete required disclosures when a reaffirmation makes sense, and appear at any hearing. We will not certify an agreement that is clearly an undue hardship. We do not guarantee 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 car usually requires two things: exemption protection for your equity, and a strategy for the lender. Chapter 7 options include stay-and-pay, reaffirmation, redemption, or surrender. Chapter 13 can catch up a car loan and, in some cases, reduce 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, surrender, or in some districts keep paying without a reaffirmation (with lien risk). Missed payments lead to stay relief and repo.
- What Is a Bankruptcy Discharge? — What Is a Bankruptcy Discharge?
A discharge is a federal court order that enjoins personal collection of debts that are discharged. It is not a refund, not a title-clearing tool by itself, and not available for every debt. Timing differs in Chapter 7 and Chapter 13.
Not sure whether Chapter 7 or Chapter 13 fits?
We can review your debts, assets, and goals and explain options that may be available under current law.
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.
