- 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.
ABI Membership is required to access the full summary of Fields, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 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).
ABI Membership is required to access the full summary of In re Caldwell Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 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.
ABI Membership is required to access the full summary of In re Duffy Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 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.
ABI Membership is required to access the full summary of In re Mowrey Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 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.
ABI Membership is required to access the full summary of In re Sawyer Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Clark
Feb
23
2009
Ruling
Deadline for reaffirmation agreements does not apply where no court action is required or where action required would be approval.
Procedural posture
After discharge orders had been granted pursuant to 11 U.S.C.S. § 727 to five debtors, reaffirmation agreements were filed or heard with respect to motor vehicles the debtors had purchased. The court issued an opinion to address the recurring issue of reaffirmation agreements filed in chapter 7 cases after entry of discharge in light of an earlier court opinion.
ABI Membership is required to access the full summary of In re Clark Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Duenez
Jul
14
2007
Ruling
Reaffirmation of credit card debt disapproved as containing gross misstatements of fact.
Procedural posture
After debtors proposed to reaffirm a community debt arising from a credit card account with a creditor, the court considered whether the agreement represented an undue hardship based on debtors' income and expenses as reflected on filed schedules. Neither the creditor nor its counsel attended the hearing.
ABI Membership is required to access the full summary of In re Duenez Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Meyers
Jan
29
2007
Ruling
Creditor's motion for approval of reaffirmation agreement denied as moot since agreement would automatically be approved upon entry of discharge.
Procedural posture
Creditor filed a motion for approval of a reaffirmation agreement that it entered into with the debtor.
ABI Membership is required to access the full summary of In re Meyers Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Stillwell
Aug
22
2006
Ruling
Reaffirmation agreement approved where debtor failed to show enforcement would cause undue hardship.
Procedural posture
A bankruptcy debtor sought to retain her vehicle even though the debtor's available income was insufficient to make payments on the debt secured by the vehicle. The debtor sought approval of a reaffirmation agreement with the secured creditor under 11 U.S.C. § 524(m)(1).
ABI Membership is required to access the full summary of In re Stillwell Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Payton
Mar
16
2006
Ruling
Court did not confirm reaffirmation agreement between debtors and bank since it imposed an undue hardship on debtors and their dependents.
Procedural posture
The debtors and creditor submitted for the court's approval a proposed reaffirmation agreement. The agreement reaffirmed, without reduction, a debt of $20,938.23 for a 2006 truck.
ABI Membership is required to access the full summary of In re Payton Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: