Date of Decision:
December 7, 2010
Whether 11 U.S.C. § 524(k)(3)(J)(i) excused the Court from reviewing Debtors' reaffirmation agreement?
No. If the presumption of undue hardship arises under 11 U.S.C. § 524(m)(1), the Court must review the presumption, and if the presumption is not rebutted to the Court's satisfaction, the Court may disapprove the agreement, even if the agreement was negotiated with the assistance of counsel, and even if the debt being reaffirmed is a consumer debt secured by real property.
Full Bankruptcy Court Decision: