Peoples Bank of Pound v. Newsome (In Re Newsome)

MEMORANDUM OPINION AND ORDER

H. CLYDE PEARSON, Bankruptcy Judge.

This matter arises out of the within adversary proceeding which seeks a determination of the dischargeability of the Plaintiff’s debt owed by the Defendant. The parties have reached a settlement of their differences, which settlement contemplates the completion and execution of a reaffirmation agreement. The application for reaffirmation has been filed by the creditor.

The question presented, simply put, is whether or not a reaffirmation application is exclusively a function and duty within the province of a debtor under 11 U.S.C.…