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Pacific Capital Bancorp v. Schwass (In re Schwass)

Pacific Capital Bancorp v. Schwass (In re Schwass)

Ruling
Debtor's failure to prepare reaffirmation agreement after filing statement of intention was not grounds for relief from stay.
Procedural posture

Movant bank sought relief from stay under 11 U.S.C. § 362(h), contending that respondent debtor failed to fulfill her obligations under 11 U.S.C. § 521(a)(2)(B) to reaffirm a debt secured by a vehicle.

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Consumer opinion summary, case decided on November 06, 2007 , LexisNexis #1207-111