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In re Woods (Case No. 10-70870) 07/09/2010

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.

Date: 
Friday, July 9, 2010
Category: 
Chapter 7 Issues
Reaffirmation
Chapter: 
7