AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Judges

IN RE: AUDREANNA LYNN MCBRIDE and JAMES CHRISTOPHER MCBRIDE, Debtors.

JUDGE FRANK W. VOLK

CHAPTER 7 MEMORANDUM OPINION AND ORDER APPROVING DEBTOR'S REAFFIRMATION AGREEMENT WITH WV CENTRAL CREDIT UNION

On March 8, 2018, the Court held a hearing on the Reaffirmation Agreement between Debtors Audreanna Lynn McBride and James Christopher McBride and the Creditor Ford Motor Credit Company LLC [Dckt. 17]. At that time, the Court expressed its inclination to approve the McBrides' reaffirmation agreement, contingent upon their knowledge of the consequences of reaffirming the debt and voluntarily deciding to reaffirm.

Pursuant to 11 U.S.C. § 524(c), a reaffirmed debt becomes a personal legal obligation of the debtor that survives bankruptcy. It is not discharged with the bankruptcy case. A debtor's obligation to pay the reaffirmed debt thus continues after dismissal or discharge. If a debtor defaults on a reaffirmed debt, the creditor may begin foreclosure proceedings. If the creditor repossesses and sells the collateral and a deficiency remains, the debtor is liable for that balance. A deficiency balance, like a reaffirmed debt, is nondischargable in bankruptcy and remains the debtor's obligation following the dismissal or discharge. A debtor may rescind a reaffirmation agreement, by giving notice of rescission to the creditor, either before discharge in bankruptcy or before expiration of the 60-day period following the date the agreement was filed with the Court, whichever occurs later.

It is, accordingly, ORDERED that the Reaffirmation Agreement between the McBrides and Ford Motor Credit Company LLC be, and hereby is, APPROVED [Dckt. 17].

/s/_________


Frank W. Volk, Chief Judge


United States Bankruptcy Court


Southern District of West Virginia

Dated: March 12th, 2018

Use AI to get other relevant cases.

Comments

In re McBride
(Mar 12, 2018)