KFJ Enterprises, LLC v. Rembert (In Re Rembert)

OBJECTION TO CONFIRMATION OF CHAPTER 13 PLAN; MOTION FOR RELIEF FROM STAY OR FOR ADEQUATE PROTECTION

WARREN W. BENTZ, Bankruptcy Judge.

OPINION

Introduction

Angela D. Rembert (“Debtor”) filed a voluntary Petition under Chapter 13 of the Bankruptcy Code on October 10, 2002. On January 29, 2002, Debtor entered into a rent-to-own agreement (“RTO Agreement”) with KFJ Enterprises, LLC d/b/a Aaron’s Rental (“Aaron’s”).

Under the terms of the RTO Agreement, Aaron’s provided and Debtor took possession of a used refrigerator and a used stove (the “Goods”) and agreed to pay rent on a monthly basis. At the…