The Court denied a reaffirmation agreement on the grounds that 11 U.S.C. § 524(c),(d), and (k)(5) - (7) did not provide authority for the Court to approve a reaffirmation agreement when a debtor was represented by counsel during the negotiation of a reaffirmation agreement except in the very limited situation that counsel has certified in his or her opinion the “debtor is able to make the payment” even though a presumption of undue hardship has been established. Counsel did not certify that the debtor would be able to make these payments, therefore, the Court denied reaffirmation.
Judge:
Date:
Friday, July 9, 2010
Category:
Chapter 7 Issues
Reaffirmation
Chapter:
7