reaffirmation agreement
Not a magical way to "keep everything" in bankruptcy, and not a casual promise you can shrug off later. It is a written deal made during a bankruptcy case where a debtor agrees to stay personally liable for a specific debt that would otherwise be wiped out by a discharge. Most often, it comes up with a car loan, furniture financing, or another secured debt tied to property the debtor wants to keep. If the court approves it when approval is required, or if it meets the rules under 11 U.S.C. § 524(c), the debt survives the bankruptcy.
Why does that matter? Because signing one puts the risk right back on your shoulders. Miss payments later, and the creditor can usually repossess the property and may also come after you for any remaining balance, depending on the contract and the law. That is the part people gloss over when they are desperate to keep a vehicle or other essential item.
For an injury claim, the practical effect is simple and brutal: if someone is out of work after a crash or job injury and signs a reaffirmation on a car loan, that debt can keep draining money long after other debts are gone. In Washington, reaffirmation is governed mainly by federal bankruptcy law, not a special state statute. The choice can affect cash flow, settlement pressure, and whether an injured person actually gets the fresh start bankruptcy is supposed to provide.
We provide information, not legal advice. Laws change and every accident is different. An experienced attorney can evaluate your specific case at no cost.
Get help today →