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In re Rogers

In re Rogers

Ruling
Court approval of lease assumption pursuant to stipulation not required.
Procedural posture

Counsel for debtor and for claimant, a lessor of a truck being used by debtor, asked the court to enter an order approving a stipulation concerning debtor's assumption, under 11 U.S.C. § 365(p), of the lease agreement, which assumption was to be governed by an assumption agreement. The proposed stipulation also reflected debtor's agreement to waive the effect, if any, on the agreement of a discharge pursuant to 11 U.S.C. § 524(a).

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opinion summary, case decided on January 26, 2007 , LexisNexis #0307-040