- 11 U.S.C.
In re Donald
Jun
12
2006
Ruling
Reaffirmation agreement was approved since it was in best interest of debtors and was required for debtors to retain car.
Procedural posture
At a discharge hearing pursuant to 11 U.S.C. § 524(d), the court had to consider whether to approve a reaffirmation agreement between the chapter 7 debtors and a secured creditor under section 524(c)(6)(A) as being in the best interest of the debtors. The debtors argued that they could retain their car by making their payments even if the court disapproved the reaffirmation agreement, thereby making it unenforceable.
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Court
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