- 11 U.S.C.
In re Kernodle
May
19
2010
Ruling
Reaffirmation agreement was enforceable despite certification of presumption of undue hardship where debtor's attorney also made a "no undue hardship" certification.
Procedural posture
The debtors filed an application for approval of a reaffirmation agreement with a credit union pursuant to 11 U.S.C.S. § 524(c). Neither the debtors nor their counsel appeared at a scheduled hearing on the application. The creditor argued that the reaffirmation agreement was enforceable without the entry of a court order approving the agreement.
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Court
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