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In re Morris (Case No. 09-72667) 02/10/2010

The Court denied the motion for approval of a reaffirmation agreement. Capital One Auto Finance filed a motion for approval of a reaffirmation agreement signed by the male debtor regarding a 2005 Chevrolet Cavalier automobile. The debtor was represented by counsel in the bankruptcy proceeding, but the agreement stated that he was not represented by counsel during the negotiation of the reaffirmation agreement. The Court found that the presumption of undue hardship, in Section 524(m)(1), could not be overcome by the debtor and did not address the merits of the issue raised by counsel regarding the lack of "negotiation" of terms with the creditor.

Date: 
Wednesday, February 10, 2010
Category: 
Chapter 7 Issues
Reaffirmation
Chapter: 
7