In re Laynas
Jun
16
2006
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.
ABI Membership is required to access the full summary of In re Laynas Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: