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§ 524(m)

In re Clark

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.

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Consumer opinion summary, case decided on February 23, 2009 , LexisNexis #0509-086

In re Garcia

Ruling
Approval of reaffirmation agreement denied where schedules and testimony indicated debtor could not make payments.
Procedural posture

A creditor filed a reaffirmation agreement made with the debtor in a chapter 7 case.

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Consumer opinion summary, case decided on June 16, 2008 , LexisNexis #0708-119

In re Lemoine

Ruling
Late-filed reaffirmation agreement stricken from record.
Procedural posture

A debtor was ordered to show cause as to why an agreement to reaffirm his debt to a creditor should not be stricken as untimely filed.

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Consumer opinion summary, case decided on March 19, 2008 , LexisNexis #0408-084

In re Duenez

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.

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Consumer opinion summary, case decided on July 14, 2007 , LexisNexis #1007-049

In re Meyers

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.

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opinion summary, case decided on January 29, 2007 , LexisNexis #0307-046

In re Stillwell

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).

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opinion summary, case decided on August 22, 2006 , LexisNexis #0906-109

In re Laynas

Ruling
Reaffirmation agreement was not approved since parties did not appear at hearing to rebut presumption of undue hardship or make clear that debtor could fulfill obligation.
Procedural posture

The court reviewed debtor's reaffirmation agreement under 11 U.S.C. § 524(c)(2), as amended by the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 ("BAPCPA"), Pub. L. No. 109-8, 119 Stat. 23 (2005), and under new section 524(k) and (m) of the BAPCPA. A creditor that initially filed a motion for relief from automatic stay, seeking to repossess debtor's car under state law, entered a signed reaffirmation agreement between it and debtor.

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opinion summary, case decided on June 16, 2006 , LexisNexis #0706-043

In re Payton

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.

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opinion summary, case decided on March 16, 2006 , LexisNexis #0406-111