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In re: ERCOLE SCOTT SANTILLI and JULIE MARIE SANTILLI, Chapter 7, Debtors.

ORDER DENYING EX PARTE MOTION TO ALLOW DEBTORS TO ENTER INTO A POST-DISCHARGE REAFFIRMATION AGREEMENT

THOMAS TUCKER, Bankruptcy Judge

On June 17, 2006, Debtors filed a voluntary petition for relief under Chapter 7. On September 12, 2006, the Court entered an order of discharge under 11 U.S.C. § 727. On December 22, 2006, a "Stipulation Allowing Debtor To Enter Into Post-Discharge Reaffirmation Agreement" (Docket # 37), and a reaffirmation agreement between Debtors and US Bank, N.A., as Trustee (Docket # 36), were filed. The reaffirmation agreement was signed by Debtors and the creditor on December 6 and 8, 2006, respectively. On December 26, 2006, a Notice of Deficient Reaffirmation Agreement was filed because Debtors' attorney certified that a presumption of undue hardship arose but did not file a motion for approval of the Reaffirmation Agreement.

On March 29, 2007, Debtors filed an "Ex Parte Motion To Allow Debtors To Enter Into A Post-Discharge Reaffirmation Agreement" (Docket # 42).

Under 11 U.S.C. § 524(c)(1), a reaffirmation agreement is not enforceable unless it "was made before the granting of the discharge under section 727." Because no reaffirmation agreement between Debtors and US Bank, N.A. was made before Debtors were granted a discharge, there can be no enforceable reaffirmation agreement between these parties in this case.

Accordingly,

IT IS ORDERED that Debtors' "Ex Parte Motion To Allow Debtors To Enter Into A Post-Discharge Reaffirmation Agreement" (Docket # 42), is DENIED.

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IN RE SANTILLI
(Apr 2, 2007)