- 11 U.S.C.
In re Moustafi
Jun
04
2007
Ruling
Bankruptcy court refused to approve reaffirmation agreement that was not in best interests of debtor.
Procedural posture
After debtor, who had filed a chapter 7 proceeding, timely filed a statement of intention and entered into a reaffirmation agreement with a creditor that held a security interest in her car, court approval was sought. At issue was whether the reaffirmation agreement was properly approved, whether debtor could retain the car even if the court denied approval of the agreement, and the effect of 11 U.S.C. §§ 362(h) and 521(d) thereon.
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Court
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