In re Tincher
Jul
06
2011
Ruling
Reaffirmation agreement for vehicle loan, on more favorable terms than original, approved.
Procedural posture
This matter was before the court on two reaffirmation agreements between debtor and two of his creditors.
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Court
:
- 11 U.S.C.
In re Delaney
May
06
2011
Ruling
Reaffirmation agreement on out-of-date pre-BAPCPA form was unenforceable.
Procedural posture
Before the court was a reaffirmation agreement entered into between debtor and a bank. A hearing was held.
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Court
:
- 11 U.S.C.
In re Bartz
Feb
17
2011
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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Court
:
- 11 U.S.C.
In re Nichols
Nov
29
2010
Ruling
Creditor could not seek to vacate discharge in order to file a post-discharge reaffirmation agreement.
Procedural posture
In a chapter 7 bankruptcy, a creditor moved to reopen the case and set aside the discharge in order to file a reaffirmation agreement. The debtors filed a response consenting to the motion. The reaffirmation agreement was signed after the discharge was entered. The motion to reopen was filed more than a month after the deadline to file reaffirmation agreements and almost a month after the discharge was entered.
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Court
:
In re Perez
Jul
12
2010
Ruling
Reaffirmation agreement was unenforceable absent certification of no undue hardship.
Procedural posture
Chapter 7 debtor filed an application for approval of an agreement she entered into with a creditor which reaffirmed her intent to pay a debt she owed on a motor vehicle. The court held a hearing to determine if the reaffirmation agreement was enforceable under 11 U.S.C.S. § 524(c) absent court approval or disapproval, and, if the agreement was enforceable, whether it should be disapproved.
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Court
:
Pickerel v. Household Realty Corp. (In re Pickerel)
Jun
08
2010
Ruling
Proceeding for violation of discharge injunction dismissed where creditor's postpetition enforcement was properly based on reaffirmation agreement.
Procedural posture
Defendant mortgagee moved to dismiss an adversary proceeding brought by plaintiff mortgagors, chapter 13 debtors, in their current case (Case 2) for damages based on a claim that defendant had violated the discharge injunction granted per 11 U.S.C.S. § 524 in their 2003 bankruptcy case (Case 1). At issue was whether either of two reaffirmation agreements executed by the parties (Agreements 1 and 2) in connection with Case 1 was legally binding.
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Court
:
- 11 U.S.C.
In re Kernodle
May
19
2010
Ruling
Reaffirmation agreement was enforceable despite certification of presumption of undue hardship where debtor's attorney also made a "no undue hardship" certification.
Procedural posture
The debtors filed an application for approval of a reaffirmation agreement with a credit union pursuant to 11 U.S.C.S. § 524(c). Neither the debtors nor their counsel appeared at a scheduled hearing on the application. The creditor argued that the reaffirmation agreement was enforceable without the entry of a court order approving the agreement.
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Court
:
In re Mausolf
Apr
15
2009
Ruling
Late filed reaffirmation agreement approved as in best interests of debtor.
Procedural posture
The chapter 7 debtor moved for approval of a reaffirmation agreement that would have enabled him to continue servicing the debt on his automobile.
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Court
:
In re Goodman
Apr
06
2009
Ruling
Court reviewed and denied approval of reaffirmation agreement despite debtor's counsel's refusal to sign requisite certification.
Procedural posture
A debtor sought to reaffirm a debt owed to a creditor on a vehicle. Although the debtor was represented by an attorney, the attorney declined to make the certification that 11 U.S.C.S. § 524(c)(3) required.
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Court
:
In re Byers
Feb
11
2009
Ruling
Approval of reaffirmation agreement denied due to failure to rebut presumption of undue hardship.
Procedural posture
A debtor filed for relief under chapter 7 of the Bankruptcy Code. The debtor sought approval of a reaffirmation agreement between the debtor and a creditor, pursuant to 11 U.S.C.S. § 524(c). The debtor was represented by counsel.
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Court
: