In Re Schwass
378 B.R. 859 (2007)
Nature Of The Case
This section contains the nature of the case and procedural background.
Facts
P filed chapter 7. Prior to the filing P had borrowed money from D to purchase a 2001 Ford Explorer. D got a security interest in the Vehicle. P filed a Statement of Intention which indicated that she intended to reaffirm her obligation to D. P filed a Statement of Intention which indicated that she intended to reaffirm her obligation to D. Counsel for P wrote to D requesting that he prepare the reaffirmation agreement. D replied that it had no obligation to prepare the agreement, but that he would do so for a fee payable by P. P replied that it was P's responsibility, thus completing the stalemate. Thirty days elapsed from the date set for the first meeting of creditors and D moved for relief from the stay on the ground that P did not timely follow through with her intention to reaffirm.
Issues
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Holding & Decision
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Legal Analysis
Legal analysis from Dean's Law Dictionary will be displayed here.
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