Title David W. Eader
Entered
Case Number
09-32656
Summary

Counsel for Debtor: Mark A. Pudinski Counsel for Mazda American Credit; Michael Klima Chapter 7 Debtors and Creditor filed a joint motion to allow Debtors to assume prepetition vehicle lease. The court, Duncan W. Keir, C.J. held that assumption of a lease of personal property in chapter 7 pursuant to 11 U.S.C. § 365(p)(2) does not require court approval but that the underlying indebtedness will be discharged by the discharge order entered in the Debtors’ case unless reaffirmed in compliance with the provisions of 11 U.S.C. § 524(c) et seq. Without such reaffirmation, any waiver of discharge contained in the assumption agreement is ineffective.

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