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In re Allison (Case No. 09-71737) 12.4.2009

Debtor's motion to approve reaffirmation agreement denied under section 524(c), 524(d) and 524(k)(5) as debtor was represented by counsel during the negotiation of the agreement but counsel did not sign certification that in his/her opinion the debtor was able to make the payment despite presumption of undue hardship. If counsel does make certification, presumption of undue hardship rebutted in light of creditor waiving accrual of interest, relatively small monthly payment, financial assistance provided by family member and apparent importance of this matter to the family.

Date: 
Friday, December 4, 2009
Category: 
Reaffirmation
Chapter: 
7