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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.

Date: 
Monday, October 26, 2020
Judge: 
Judge Shon Hastings