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Legal Opinion

In Re Gardner

United States Bankruptcy Court, D. Maine

Decided February 5, 1986No. 19-10108PublishedCited by 23 opinions

1Opinion of the Court

MEMORANDUM DECISION

FREDERICK A. JOHNSON, Bankruptcy Judge.

The interesting issue presented in this proceeding is whether an agreement to settle a pre-filing state court negligence action is a reaffirmation agreement subject to the requirements of 11 U.S.C. § 524(c), or is a post-filing agreement for new consideration. The court concludes that the agreement is a reaffirmation which does not meet the requirements of Section 524(c) of the Code and is not enforceable against the debtor.

Debtor filed a chapter 7 petition on February 21, 1985. At that time, debtor and debtor’s partnership, Couture…

2Cases cited5 opinions

  1. Midlothian State Bank v. Roth (In Re Roth)District Court, N.D. Illinois · 1984
  2. In Re RothUnited States Bankruptcy Court, N.D. Illinois · 1984
  3. In Re FarmerUnited States Bankruptcy Court, M.D. Florida · 1981
  4. In Re MillerUnited States Bankruptcy Court, E.D. Pennsylvania · 1981
  5. In Re StephensUnited States Bankruptcy Court, N.D. Ohio · 1980

3Cited by23 opinions

  1. Renwick v. Bennett (In re Bennett)Court of Appeals for the Ninth Circuit · 2002
  2. Republic Bank of California, N.A. v. Getzoff (In Re Getzoff)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1995
  3. Cherry v. Arendall (In Re Cherry)United States Bankruptcy Court, E.D. Virginia · 2000
  4. Watson v. Shandell (In Re Watson)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1996
  5. Matter of ArnoldUnited States Bankruptcy Court, N.D. Alabama · 1997

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