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In re: JAMES J. FOSTER and SERINDA L. FOSTER, Chapter 7 Debtors.

ORDER STRIKING REAFFIRMATION AGREEMENT BETWEEN DEBTORS AND CU OF TEXAS

THOMAS TUCKER, Bankruptcy Judge

On June 13, 2007, a Reaffirmation Agreement between Debtor Serinda L. Foster and CU of Texas (Docket # 16) was filed. Although the box on the first page of the Reaffirmation Agreement, indicating that the "[c]reditor is a Credit Union as defined in § 19(b)(1)(a)(iv) of the Federal Reserve Act," was not checked, Debtor signed Part D.3 of the Reaffirmation Agreement ("Debtor's Statement In Support of Reaffirmation Agreement"), which applies "[i]f the creditor is a Credit Union and the debtor is represented by an attorney."

On June 18, 2007, the Court filed an "Order Regarding Reaffirmation Agreement Between Debtors and CU of Texas," requiring Debtors to "file a corrected reaffirmation agreement that either (1) checks the "credit union" box on page 1 (if appropriate) or (2) completes Section 1 of Part D" no later than June 29, 2007 (Docket # 17). The Order provided: "If Debtors fail to [file a corrected reaffirmation agreement,] an order striking the Reaffirmation Agreement from the record may be entered by the Court."

To date, Debtors have failed to file a corrected reaffirmation agreement. Accordingly,

IT IS ORDERED that the Reaffirmation Agreement between Debtor and CU of Texas (Docket # 16), is STRICKEN.

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IN RE FOSTER
(Jul 2, 2007)