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§ 524(k)

In re Barron

Ruling
Reaffirmation agreement was unenforceable due to debtor's counsel's failure to provide requisite endorsement.
Procedural posture

A creditor filed a pro se motion to approve debtors' reaffirmation agreement on a motor vehicle.

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Consumer opinion summary, case decided on December 14, 2010 , LexisNexis #0111-088

In re Bazzarelli

Ruling
Reaffirmation agreement ineffective due to attorney's failure to check box on Part C and debtor's failure to complete Part D.
Procedural posture

A debtor and a creditor proposed an amended reaffirmation agreement.

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Consumer opinion summary, case decided on June 23, 2008 , LexisNexis #0708-118

In re Bekric

Ruling
Reaffirmation agreement could not be approved where debtor's counsel failed to complete the required certification.
Procedural posture

A debtor filed for relief under chapter 7 of the Bankruptcy Code. The debtor and a creditor submitted a proposed reaffirmation agreement.

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Consumer opinion summary, case decided on May 14, 2008 , LexisNexis #0608-115

In re King

Ruling
Reaffirmation agreement was not effective due to debtor's failure to complete Part D statement.
Procedural posture

A debtor and a creditor proposed a reaffirmation agreement.

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Consumer opinion summary, case decided on March 06, 2008 , LexisNexis #0408-114

In re Rivas

Ruling
Reaffirmation agreement not effective due to presumption of undue hardship and lack of counsel's certification.
Procedural posture

A debtor filed for relief under chapter 7 of the Bankruptcy Code. The debtor and the bank submitted a proposed reaffirmation agreement pursuant to 11 U.S.C.S. § 524.

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Consumer opinion summary, case decided on March 03, 2008 , LexisNexis #0508-013

In re Reardon

Ruling
Court did not approve reaffirmation agreement because it did not contain any identification of identity of creditor.
Procedural posture

Chapter 11 debtor filed a motion seeking approval of a reaffirmation agreement, which was substantially in the form issued by the Director of the Administrative Office of the United States Courts to implement the requirements of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, Pub. L. No. 109-8. ("BAPCPA"). The form also complied with the court's Administrative Order 4008-1 (AO 4008-1).

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opinion summary, case decided on May 24, 2006 , LexisNexis #0706-111

In re Quintero

Ruling
Reaffirmation agreement was not approved and creditor was prohibited from repossessing car since agreement did not meet disclosure requirements of section 524(k).
Procedural posture

Petitioner debtor requested approval of her reaffirmation agreement with a secured creditor.

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opinion summary, case decided on May 05, 2006 , LexisNexis #0606-073