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§ 524(c)(3)

Wright, In re

Ruling
Decision by debtors' counsel not to sign the certifications required by § 524(c)(3) rendered thereaffirmation agreements unenforceable. (Bankr. D. Or.)
Issue(s)
Effect of Discharge; Reaffirmation Agreements; Filing and Affidavit of Debtor’s

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Consumer opinion summary, case decided on September 29, 2020 , LexisNexis #1120-039

In re Bowden

Ruling
Reaffirmation agreement was unenforceable due to debtor's attorney's failure to sign certification.
Procedural posture

Chapter 7 debtor filed a motion to declare a reaffirmation agreement between the debtor and a creditor unenforceable and to permit the debtor to retain the collateral pursuant to a "Hardiman ride-through."

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Consumer opinion summary, case decided on February 22, 2012 , LexisNexis #0512-128

In re Kernodle

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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Consumer opinion summary, case decided on May 19, 2010 , LexisNexis #0810-020

In re Minardi

Ruling
Reaffirmation agreement could not be approved absent counsel's required declaration regardless of liability concerns.
Procedural posture

The debtor moved for approval of a reaffirmation agreement. Debtor's counsel, however, refused to provide the declaration required by 11 U.S.C.S. § 524(c)(3).

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Consumer opinion summary, case decided on January 23, 2009 , LexisNexis #0409-007

In re Miller

Ruling
Reaffirmation of loan secured by motorcycle denied as not in debtor's best interest.
Procedural posture

A debtor filed a reaffirmation agreement with a creditor in order to retain a motorcycle, and the court held a hearing in order to evaluate the reasonableness of the reaffirmation.

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opinion summary, case decided on August 20, 2007 , LexisNexis #0907-085

In re Parker

Ruling
Court denied approval of reaffirmation agreement that created an undue hardship for debtor and was not filed with court prior to discharge.
Procedural posture

The debtors filed for relief under the Bankruptcy Code, a discharge was entered on July 16, 2007, and the case was closed. The day after the case was closed, the debtors submitted a reaffirmation agreement with a creditor.

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opinion summary, case decided on July 23, 2007 , LexisNexis #0807-116

In re Isom

Ruling
Reaffirmation agreement approved upon debtor's certification that there was no undue hardship.
Procedural posture

A debtor filed a petition under chapter 7 and filed a motion which asked the court to approve a reaffirmation agreement. The court held a hearing on the debtor's request.

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opinion summary, case decided on July 17, 2007 , LexisNexis #0907-048