Saturday, December 1, 2012

In re Pendlebury case brief

 In re Pendlebury (Bankr. ED Pa. 1988)
 Bankruptcy Law
Facts: Mobile homeowners want an order striking a provision in a proposed reaffirmation agreement with Leader Federal. Makes them responsible for payment of $250 in attorney fees. Trustee has abandonded the mobile homes as a burdensome asset of the estate. The attorney for the debtor may determine that the fees are not fair and reasonsable and will impose an undue hardship on the debtor or a dependent and cannot in good faith execute the declaration or affidavit required by §524(c)(3). 
Issue: Can the debtor object to a reaffirmation agreement?

Holding: No!

Analysis: Debtor can achieve Redemption by 1) agreeing that the debtor may redeem by installments and the parties comply with the reaffirmation provisions of §524(c) (reaffirmation) or 2) by the debtor’s filing of a petition under Chapter 13

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