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Julie Ann Stepanek, Ch. 7, BK19-80842-SKH (Oct. 26, 2020)

The court denied a debtor’s motion to reopen her Chapter 7 case to file a reaffirmation agreement. The discharge had been entered and the case was closed more than a year before the motion to reopen was filed. Because § 524(c)(1), which says that a reaffirmation agreement is enforceable only if filed before a discharge is granted, is strictly construed by courts, granting the motion to reopen the case simply to file an unenforceable reaffirmation agreement would be futile.

Monday, October 26, 2020
Judge Shon Hastings