Legal Opinion

In Re Ollie

United States Bankruptcy Court, W.D. Tennessee

Decided March 31, 1997No. 19-21712PublishedCited by 2 opinions

1Opinion of the Court

MEMORANDUM OPINION ON CREDITOR’S MOTION TO RESCIND REAFFIRMATION AGREEMENT

WILLIAM HOUSTON BROWN, Bankruptcy Judge.

Pending before the Court is the motion of Associates Financial (“Associates”) to rescind a reaffirmation agreement. At issue is whether a unilateral mistake made by that creditor will allow the creditor to rescind the agreement. This is a core proceeding pursuant to 28 U.S.C. § 157(b)(2)(A) and (O). Based on the analysis below, the creditor’s motion will be denied and the reaffirmation agreement will remain binding on the parties. The following constitutes findings of fact and…

2Cases cited5 opinions

  1. Erie Railroad v. TompkinsSupreme Court of the United States · 1938
  2. United States Fidelity & Guaranty Co. v. BarberCourt of Appeals for the Sixth Circuit · 1934
  3. Cofrancesco Construction Co. v. Superior Components, Inc.Court of Appeals of Tennessee · 1963
  4. Mullins v. ParkeyCourt of Appeals of Tennessee · 1992
  5. General Electric Credit Co. v. Eassa (In Re Eassa)United States Bankruptcy Court, S.D. Ohio · 1982

3Cited by2 opinions

  1. In Re SimoninUnited States Bankruptcy Court, N.D. Ohio · 2006
  2. In Re GrahamUnited States Bankruptcy Court, E.D. Tennessee · 2010

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