- 11 U.S.C.
In re Minardi
Jan
23
2009
Ruling
Reaffirmation agreement could not be approved absent counsel's required declaration regardless of liability concerns.
Procedural posture
The debtor moved for approval of a reaffirmation agreement. Debtor's counsel, however, refused to provide the declaration required by 11 U.S.C.S. § 524(c)(3).
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- 11 U.S.C.
In re Polkus
Dec
03
2008
Ruling
Objection to debtor's recission of reaffirmation agreement overruled.
Procedural posture
Chapter 7 debtors sought the rescission of a reaffirmation agreement under 11 U.S.C.S. § 524(c)(4). The creditor objected, asserting that the debtors' rescission was untimely and that the creditor had not been properly noticed in writing of the debtors' rescission.
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In re Caraballo
Apr
29
2008
Ruling
Reaffirmation of debt secured by real property was not in debtor's best interests due to continued availability of ride-through option.
Procedural posture
A debtor filed for relief under chapter 7 of the Bankruptcy Code. The debtor opted to reaffirm a secured debt on the debtor's real property, pursuant to 11 U.S.C.S. § 524(c). The debtor had filed a motion for approval of reaffirmation agreements, which the court orally granted and then vacated for a further hearing. After the hearing, the court issued findings.
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In re Rodriguez
Mar
03
2008
Ruling
Reaffirmation agreement ineffective due to failure to included completed Parts C and D.
Procedural posture
A debtor and a creditor proposed a reaffirmation agreement.
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In re Gonzalez
Feb
11
2008
Ruling
Reaffirmation agreement could not be approved due to failure of counsel to opine on ability of debtor to make payments.
Procedural posture
A debtor and a creditor proposed a reaffirmation agreement, pursuant to 11 U.S.C.S. § 524(c).
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In re Chim
Jan
25
2008
Ruling
Court declined to approve reaffirmation agreement due to presumption of undue hardship.
Procedural posture
Chapter 7 debtor filed a motion to approve a reaffirmation agreement with a lender pursuant to 11 U.S.C.S. § 524(c).
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- 11 U.S.C.
In re Young
Nov
29
2007
Ruling
Court lacked power to approve reaffirmation agreement once discharge was entered.
Procedural posture
A debtor filed a motion to reopen a chapter 7 bankruptcy case to file a reaffirmation agreement with a creditor.
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In re Kidwell
Oct
04
2007
Ruling
Motion to redeem motor vehicle effectively amended debtor's prior statement of intent to reaffirm.
Procedural posture
The debtor moved to redeem his motor vehicle from the secured creditor thereof, and the creditor objected. At issue was whether the debtor was bound by his prior statement of intent to reaffirm the debt, and if he was not bound, what value should be assigned to the vehicle for purposes of redemption. The creditor argued that the debtor failed to timely amend his statement of intent to reaffirm, and was not entitled to redeem the vehicle.
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In re Vaupel
Aug
28
2007
Ruling
Bankruptcy court declined to approve stipulation based on reaffirmation agreement that would not have been approved.
Procedural posture
The debtors filed for relief under chapter 13, and the matter was converted to a case under chapter 7. The creditor held a security interest in an automobile. The debtor and the creditor filed a reaffirmation agreement reaffirming the debt to the credit union in the amount of $3,397. The parties filed an agreed joint stipulation and order between the debtor and the creditor.
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- 11 U.S.C.
In re Miller
Aug
20
2007
Ruling
Reaffirmation of loan secured by motorcycle denied as not in debtor's best interest.
Procedural posture
A debtor filed a reaffirmation agreement with a creditor in order to retain a motorcycle, and the court held a hearing in order to evaluate the reasonableness of the reaffirmation.
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Court
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