In re Gonzalez; Case No. 07-11165-RGM; February 11th, 2008 If the agreement shows there to be an undue hardship, and the attorney does not check the box that certifies that despite the undue hardship “the debtor(s) is/are able to make the required payment.” Because of this, §524(c) was not satisfied and the agreement was not [...]
In re Bensinger; Case No. 07-12984-RGM; February 6th, 2008 Debtor was represented by counsel who did not completely fill out the reaffirmation agreement. Also, the monthly income and expenses on the reaffirmation agreement did not match Schedules I & J in the case and the court decided that, pursuant to FRBP 4008, a hearing was [...]
In re O’Halloran, Case No. 07-13528-RGM; January 17th, 2008 The debtor has attempted to enter into a reaffirmation agreement, pursuant to Bankruptcy Code §524(c). The court noted that, under that section, paragraph (3) requires that the agreement has been filed with the court. Bankruptcy Code §524(m)(1) states that a reaffirmation agreement presents an undue hardship [...]
In Re Exum; Case No. 08-10079-RGM; January 17, 2008 The Debtor’s home was foreclosed on prior to the bankruptcy filing. The new owners filed an Unlawful Detainer to remove the debtor from the property and obtained a Writ of Possession. Before the writ was executed, debtor filed for bankruptcy. The new owners filed this motion, [...]
In re Amireh, Case No. 05-12358, January 2nd, 2008 Treatment of codebtor claims In this case, the debtor originally filed a Chapter 13 which was denied confirmation and then was converted to a Chapter 7. The Codebtor then purchased Debtors interest in the property, believing the case had been dismissed after the denial of confirmation. In exchange [...]
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