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§ 365(p)

Kearns, In re

Feb
12
2021
Ruling
Approval of reaffirmation agreement for an executory vehicular lease denied as assumptionshould have been utilized. (Bankr. D. Mont.)
Issue(s)
Executory Contracts and Unexpired Leases; Leases of Personal Property and Individual

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Consumer opinion summary, case decided on February 12, 2021 , LexisNexis #0321-055
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In re Bailly

Dec
11
2014
Ruling
Reaffirmation was not required for assumption of car lease.
Issue(s)
Whether a debtor could assume a car lease under 11 U.S.C.S. § 365(p)(2) without also reaffirming a debt under 11 U.S.C.S. § 524(c).

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Consumer opinion summary, case decided on December 11, 2014 , LexisNexis #0115-005
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In re Perlman

Apr
05
2012
Ruling
Reaffirmation procedures are not properly applied to lease assumptions.
Procedural posture

Debtors in these cases sought approval of "reaffirmation agreements" under 11 U.S.C.S. § 524 which were actually lease assumption agreements governed by 11 U.S.C.S. § 365(p)(2).

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Consumer opinion summary, case decided on April 05, 2012 , LexisNexis #0512-049
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In re Ebbrecht

May
11
2011
Ruling
Personal property lease could not be assumed through reaffirmation process.
Procedural posture

Chapter 7 debtor sought approval of a reaffirmation agreement between the debtor and a creditor pursuant to 11 U.S.C.S. § 524.

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Consumer opinion summary, case decided on May 11, 2011 , LexisNexis #0611-044
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Smith v. Ford Motor Credit Co. LLC (In re Smith)

Sep
13
2010
Ruling
Repossession of vehicle did not violate discharge injunction as creditor was within rights to decline debtor's alleged assumption of lease.
Procedural posture

Plaintiff Chapter 7 debtors commenced an action against defendant creditors for damages arising out of the creditors' post-discharge repossession of a leased motor vehicle. Contempt damages were sought on the grounds that the repossession violated the discharge injunction. In addition, the debtors sought damages under state law for breach of the lease agreement. The creditors filed a motion to dismiss under Fed. R. Civ. P. 12(b)(6).

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Consumer opinion summary, case decided on September 13, 2010 , LexisNexis #1010-108
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In re Walker

Apr
27
2007
Ruling
BAPCPA does not provide for court approval of assumption of lease between debtor and creditor.
Procedural posture

Movants, chapter 7 debtors, sought an order from the court approving their assumption of an automobile lease and adjudging that they had waived their discharge as to that lease. At issue was whether such an order was properly issued under 11 U.S.C. § 365(p).

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opinion summary, case decided on April 27, 2007 , LexisNexis #0607-040
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In re Creighton

Feb
16
2007
Ruling
Debtor's agreement with creditor to assume prepetition motor vehicle lease was not enforceable due to lack of reaffirmation agreement.
Procedural posture

A bankruptcy debtor and a creditor stipulated that the debtor would assume prepetition vehicle lease agreements under 11 U.S.C. § 365(p)(2) and waive any effect of a bankruptcy discharge. The creditor moved for reconsideration of the bankruptcy court's orders that the debtor would not be deemed to assume the agreements in the absence of reaffirmation agreements under 11 U.S.C. § 524(c).

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opinion summary, case decided on February 16, 2007 , LexisNexis #0407-114
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Honda Lease Trust v. Szalinski (In re Szalinski)

Feb
05
2007
Ruling
Secured creditor's post-confirmation motion for relief from stay denied in absence of fraud.
Procedural posture

A creditor moved for relief from the automatic stay entered in two joint chapter 13 debtors'case. The creditor sought relief from the stay pursuant to 11 U.S.C. §§ 362(d)(1) and 365(p). It filed its motion after the debtors'amended chapter 13 plan was confirmed and the time for filing objections to the plan had expired.

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opinion summary, case decided on February 05, 2007 , LexisNexis #0307-041
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In re Rogers

Jan
26
2007
Ruling
Court approval of lease assumption pursuant to stipulation not required.
Procedural posture

Counsel for debtor and for claimant, a lessor of a truck being used by debtor, asked the court to enter an order approving a stipulation concerning debtor's assumption, under 11 U.S.C. § 365(p), of the lease agreement, which assumption was to be governed by an assumption agreement. The proposed stipulation also reflected debtor's agreement to waive the effect, if any, on the agreement of a discharge pursuant to 11 U.S.C. § 524(a).

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opinion summary, case decided on January 26, 2007 , LexisNexis #0307-040
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