Court Locations

Greenbelt
6500 Cherrywood Ln - Greenbelt, MD 20770 - Main Tel: 301-344-8018 map
Baltimore
101 W Lombard St Room 8530 - Baltimore, MD 21201 - Main Tel: 410-962-2688
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The debtor filed a reaffirmation agreement seeking to reaffirm a debt secured by her vehicle. The Court rejected the reaffirmation agreement, finding that the debtor did not rebut the presumption of undue hardship that arose because the debtor's monthly income is less than her monthly expenses. The Court further found that the debtor complied with her obligations under Section 521(a)(2) by timely stating her intention to reaffirm a loan secured by her vehicle and by timely executing the reaffirmation agreement. The Court held that the provisions of Sections 362(h), 521(a)(6) and 521(d) do not apply, and the automatic stay remains in place with respect to the vehicle, the vehicle remains property of the estate, the Debtor is not obligated to turn over possession of the vehicle, and the lender may not exercise remedies as a result of default under the ipso facto provision under the loan agreement.

PDF File: 
Entered: 
2008-01-25
Case: 
07-19230
Judge: 
Thomas J. Catliota