- 11 U.S.C.
In re Lucious
Aug
01
2012
Ruling
Creditor could not extend time to file reaffirmation agreement entered into after debtor's discharge.
Procedural posture
In debtors' chapter 7 case, the court held a hearing on a creditor's Motion to Extend Time to File a Reaffirmation Agreement. Its motion was premised on the terms of Fed. R. Bankr. P. 4008(a) and general principles of equity.
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In re Corbin
Jul
16
2012
Ruling
Reaffirmation agreement could not be approved as debt was secured by luxury items that could be replaced with less expensive items.
Procedural posture
The chapter 7 debtors sought to reaffirm a debt to a creditor that was secured by a cellular telephone (cell phone), a tablet, and a computer printer pursuant to 11 U.S.C.S. § 524(c).
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- 11 U.S.C.
First State Bank v. Zahos (In re Zahos)
Jun
25
2012
Ruling
Reaffirmation agreement filed without cover sheet was invalid and unenforceable.
Procedural posture
Secured creditor filed a complaint against chapter 7 debtor seeking to enforce a reaffirmation agreement, alleging that the debtor's notice to rescind was untimely pursuant to 11 U.S.C.S. § 524(c)(4).
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Court
:
- 11 U.S.C.
In re Vosburg
Mar
30
2012
Ruling
Reaffirmation agreements approved given rebuttal of presumption of undue hardship and approval of debtor's attorney.
Procedural posture
A chapter 7 debtor sought to reaffirm his obligations on commercial loans secured by several properties. In support of the reaffirmation agreements, the debtor set forth several factors to overcome the presumption of undue hardship that arose under 11 U.S.C.S. § 524(c)(6)(A). No creditor objected to the reaffirmations, and the bank that issued the loans supported reaffirmation.
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Tison v. Household Fin. Corp. II (In re Tison)
Feb
22
2012
Ruling
Previously approved reaffirmation agreement that was mathematically impossible to perform rescinded.
Procedural posture
Before the court was a motion for summary judgment filed by defendant creditors and a motion for summary judgment filed by plaintiff debtor. This adversary was filed seeking sanctions against the creditors for violation of the discharge injunction as well as an injunction against further collection efforts by the creditors of amounts allegedly not contained in the parties' reaffirmation agreement. A creditor counterclaimed.
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Court
:
- 11 U.S.C.
In re Bowden
Feb
22
2012
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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Court
:
- 11 U.S.C.
In re Griffiths
Jan
09
2012
Ruling
Debtor could not rescind or revoke approved reaffirmation agreement after discharge had been granted.
Procedural posture
Chapter 7 debtor moved to rescind or obtain revocation of a reaffirmation agreement he had made with a secured creditor to reaffirm a debt of $49,938.58 secured by a recreational vehicle (RV).
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Court
:
- 11 U.S.C.
In re Pitts
Jan
06
2012
Ruling
Otherwise conforming reaffirmation agreement with pro se debtor was unenforceable where mandatory hearing had not been held.
Procedural posture
After debtors' chapter 7 case was closed, movant creditor foreclosed on property that had been the subject of a 11 U.S.C.S. § 524 reaffirmation agreement and sought orders enforcing that agreement. Debtors opposed relief on claims that the agreement, having not been entered into in strict compliance with § 524, was not enforceable with the result that their liability for any deficiency was discharged.
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Court
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Saylersville Natl Bank v. Bailey (In re Bailey)
Dec
12
2011
Ruling
Reaffirmation agreement for unsecured debt that was not enforceable under state law properly voided.
Procedural posture
Debtors signed a reaffirmation agreement with appellant bank, which allowed them to stay in their home, and obligated them to continue making their full mortgage payments after bankruptcy. On a subsequent motion by debtors, the bankruptcy court voided the reaffirmation agreement on the ground of mutual mistake. The U.S. District Court for the Eastern District of Kentucky affirmed, and the bank appealed.
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Court
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Judge or Jurisdiction information not available
In re Bellano
Aug
11
2011
Ruling
Debtor could not reopen case to seek approval of reaffirmation agreement.
Procedural posture
The debtor sought to reopen his chapter 7 case under 11 U.S.C.S. § 350(b) in order to reaffirm a debt under 11 U.S.C.S. § 524.
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Court
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