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§ 524(c)(6)(A)

In re Henderson

Ruling
Reaffirmation agreements disapproved as not in best interests of debtor.
Procedural posture

Before the court for approval consideration in these five cases were debtors' reaffirmation agreements.

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Consumer opinion summary, case decided on May 22, 2013 , LexisNexis #0613-129

In re Lynch

Ruling
Reaffirmation agreement for debt secured by fishing boat disapproved as not in debtor's best interests.
Procedural posture

Bankruptcy debtors proposed to reaffirm a debt to a creditor secured by the debtors' fishing boat, and the debtors sought approval of a reaffirmation agreement with the creditor.

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Consumer opinion summary, case decided on November 07, 2012 , LexisNexis #1112-124

In re Vosburg

Ruling
Reaffirmation agreements approved given rebuttal of presumption of undue hardship and approval of debtor's attorney.
Procedural posture

A chapter 7 debtor sought to reaffirm his obligations on commercial loans secured by several properties. In support of the reaffirmation agreements, the debtor set forth several factors to overcome the presumption of undue hardship that arose under 11 U.S.C.S. § 524(c)(6)(A). No creditor objected to the reaffirmations, and the bank that issued the loans supported reaffirmation.

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Consumer opinion summary, case decided on March 30, 2012 , LexisNexis #0412-120

In re Bartz

Ruling
Reaffirmation agreement could not be approved due to failure to rebut presumption of undue hardship.
Procedural posture

Movant, the chapter 7 debtor and a carpenter/construction worker, sought to reaffirm the debt securing his 2009 Chevrolet Silverado pickup truck. According to debtor's filed reaffirmation agreement, the presumption of undue hardship arose under 11 U.S.C.S. § 524(c)(6)(A).

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Consumer opinion summary, case decided on February 17, 2011 , LexisNexis #0311-055

In re Blakeley

Ruling
Bankruptcy court declined to authorize reaffirmation agreement regarding loan secured by debtor's vehicle as not in debtor's best interests.
Procedural posture

Creditor filed a motion to authorize a reaffirmation agreement with pro se chapter 7 debtor pursuant to 11 U.S.C. § 524(c)(6)(A).

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opinion summary, case decided on February 21, 2007 , LexisNexis #0407-037

In re Donald

Ruling
Reaffirmation agreement was approved since it was in best interest of debtors and was required for debtors to retain car.
Procedural posture

At a discharge hearing pursuant to 11 U.S.C. § 524(d), the court had to consider whether to approve a reaffirmation agreement between the chapter 7 debtors and a secured creditor under section 524(c)(6)(A) as being in the best interest of the debtors. The debtors argued that they could retain their car by making their payments even if the court disapproved the reaffirmation agreement, thereby making it unenforceable.

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opinion summary, case decided on June 12, 2006 , LexisNexis #0706-042