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In re Pitts

In re Pitts

Ruling
Otherwise conforming reaffirmation agreement with pro se debtor was unenforceable where mandatory hearing had not been held.
Procedural posture

After debtors' chapter 7 case was closed, movant creditor foreclosed on property that had been the subject of a 11 U.S.C.S. § 524 reaffirmation agreement and sought orders enforcing that agreement. Debtors opposed relief on claims that the agreement, having not been entered into in strict compliance with § 524, was not enforceable with the result that their liability for any deficiency was discharged.

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Consumer opinion summary, case decided on January 06, 2012 , LexisNexis #0212-022