Credit Card Company Submitted Incorrect Amount Owed

In re Gebermariam; Case No. 07-11355-RGM; February 26th, 2008 Judge Mayer, sua sponte, issued this memorandum opinion decreasing the amount owed because the credit card company submitted an affidavit with numbers adding up to a different amount than that...

Reaffirmation Income and Expenses

In re Golman; Case No. 07-12496-RGM; February 20th, 2008 Income and expenses on reaffirmation differed from Schedules I & J without explanation required by Rule 4008.  Debtors had the opportunity to be heard, but were not able to explain the difference. ...

Reaffirmation Requirements

In re Senseng; Case No. 07-11165-RGM; February 19th, 2008 No Debtor signature and income and expenses on reaffirmation differed from Schedules I & J without explanation required by Rule 4008.  Reaffirmation agreement not...

Attorney Opinion in Reaffirmation Agreements

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...

Reaffirmation Agreement Requirements

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...

Effect of Prior State Court Judgments

In re Sisson; Case No. 06-10676-SSM; January 28th, 2008 The Debtor was an individual involved in the buying and selling of real estate. In the course of this Chapter 11, a Creditor filed two claims in the amount of $1.06 million.  The present order was the ruling on a...

Court Hearing Required When Presumption of Undue Hardship

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...

Bankruptcy Before Eviction

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,...

Repossessed car and payment of late filed claim

In re Ayres-Haley; Case No. 07-10314-SSM; January 16, 2008 Ms. Ayres-Haley filed a Chapter 13 plan whereby she was to pay the car lender, Americredit, the regular contractual rate outside of the plan and the plan provided for 100% payment of unsecured creditors and...