- 11 U.S.C.
Fields, In re
Mar
02
2022
Ruling
Reaffirmation agreement disapproved due to presumption of undue hardship. (Bankr. E.D.Wis.)
Issue(s)
Effect of Discharge; Presumption of Undue Hardship; Duration, Review and Rebuttal.
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:
Anzaldo, In re
Jan
07
2020
Ruling
Reaffirmation agreement was unenforceable where presumption of undue hardship was notrebutted. (Bankr. S.D. Cal.)
Issue(s)
Effect of Discharge; Presumption of Undue Hardship.
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:
In re Armstrong
Nov
07
2014
Ruling
Reaffirmation agreement could not be approved where it would impose undue hardship on debtor.
Issue(s)
Should reaffirmation agreement covering prepetition cash advances be approved?
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:
- 11 U.S.C.
In re Caldwell
Jan
30
2012
Ruling
Amended reaffirmation agreement could not be approved due to failure to rebut presumption of undue hardship.
Procedural posture
A chapter 7 debtor sought approval of an amended reaffirmation agreement between the debtor and a bank. Pursuant to 11 U.S.C.S. § 524(c), the debtor sought to reaffirm a debt secured by a manufactured home (the property).
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:
- 11 U.S.C.
In re Duffy
Sep
15
2011
Ruling
Permission to reaffirm debt denied due to presumption of undue hardship.
Procedural posture
Debtors filed a petition under Chapter 7 of the Bankruptcy Code and sought permission under 11 U.S.C.S. § 524(c) to reaffirm a debt they owed to a trust company that was secured by a pickup truck they owned. The court held a hearing on the debtors' request.
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:
- 11 U.S.C.
In re Mowrey
Jan
21
2010
Ruling
Reaffirmation agreement not approved due to debtor's failure to rebut presumption of undue hardship.
Procedural posture
Debtor filed a petition under chapter 7 of the Bankruptcy Code, and he asked the court to approve three reaffirmation agreements he negotiated with a credit union, pursuant to 11 U.S.C.S. § 524. The court held a hearing on the debtor's motions.
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:
Ford Motor Credit Co. LLC v. Morton (In re Morton)
Sep
09
2009
Ruling
Best interests of debtor were not proper sole consideration for disapproving attorney certified reaffirmation agreement.
Procedural posture
Appellant creditor sought reversal of an order entered sua sponte by the U.S. Bankruptcy Court for the Southern District of Ohio disapproving an attorney certified reaffirmation agreement entered into by the creditor and debtor.
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:
Judge or Jurisdiction information not available
In re Reed
Apr
01
2009
Ruling
Reaffirmation of real estate loan with substantial balloon payment would impose undue hardship on debtor.
Procedural posture
The debtors sought approval of a reaffirmation agreement under which they wanted to reaffirm both an automobile loan and a real estate loan. The real estate loan had a substantial balloon payment.
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:
In re Hart
Mar
10
2009
Ruling
Reaffirmation agreement disapproved due to failure to rebut presumption of undue hardship.
Procedural posture
The debtors and their mortgage lender creditor submitted a reaffirmation agreement for the court's approval. The creditor held a security interest in the debtors' poultry farm, related farm equipment, and the proceeds of the poultry business. The total outstanding balance on three loans was $ 921,100.36. The total monthly payment due on the loans under the reaffirmation agreement was $ 13,853.58, which exceeded their net income.
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:
- 11 U.S.C.
In re Sawyer
Feb
24
2009
Ruling
Reaffirmation agreement that constituted an undue financial hardship on debtor could not be approved.
Procedural posture
A debtor filed a motion, pursuant to 11 U.S.C.S. § 524(m)(1), to approve a reaffirmation with a creditor covering the debtor's motor vehicle.
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