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In re Nuckoles (Case No. 15-50904) 03/09/2016

Creditor exercised ipso facto clause to repossess the debtor's vehicle.  No reaffirmation agreement had been filed with the Court, but the agreement had been sent to the debtor who signed and returned it to the creditor.  The Court held that the repossession violated the discharge injunction because the debtor had done everything in her capcity to reaffirm her debt and was current on all contractual obligations.

Date: 
Wednesday, March 9, 2016
Category: 
Chapter 7 Issues
Discharge Injunction
Reaffirmation
Chapter: 
7