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§ 365(p)(2)

In re Bailly

Dec
11
2014
Ruling
Reaffirmation was not required for assumption of car lease.
Issue(s)
Whether a debtor could assume a car lease under 11 U.S.C.S. § 365(p)(2) without also reaffirming a debt under 11 U.S.C.S. § 524(c).

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Consumer opinion summary, case decided on December 11, 2014 , LexisNexis #0115-005
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In re Perlman

Apr
05
2012
Ruling
Reaffirmation procedures are not properly applied to lease assumptions.
Procedural posture

Debtors in these cases sought approval of "reaffirmation agreements" under 11 U.S.C.S. § 524 which were actually lease assumption agreements governed by 11 U.S.C.S. § 365(p)(2).

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Consumer opinion summary, case decided on April 05, 2012 , LexisNexis #0512-049
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In re Ebbrecht

May
11
2011
Ruling
Personal property lease could not be assumed through reaffirmation process.
Procedural posture

Chapter 7 debtor sought approval of a reaffirmation agreement between the debtor and a creditor pursuant to 11 U.S.C.S. § 524.

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Consumer opinion summary, case decided on May 11, 2011 , LexisNexis #0611-044
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In re Creighton

Feb
16
2007
Ruling
Debtor's agreement with creditor to assume prepetition motor vehicle lease was not enforceable due to lack of reaffirmation agreement.
Procedural posture

A bankruptcy debtor and a creditor stipulated that the debtor would assume prepetition vehicle lease agreements under 11 U.S.C. § 365(p)(2) and waive any effect of a bankruptcy discharge. The creditor moved for reconsideration of the bankruptcy court's orders that the debtor would not be deemed to assume the agreements in the absence of reaffirmation agreements under 11 U.S.C. § 524(c).

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opinion summary, case decided on February 16, 2007 , LexisNexis #0407-114
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