Legal Opinion
In re Bailly
United States Bankruptcy Court, M.D. Florida
Decided December 11, 2014No. Case No. 6:14-bk-05401-KSJPublishedCited by 4 opinions
1Opinion of the Court
*713Chapter 7
MEMORANDUM OPINION CONFIRMING DEBTOR’S ASSUMPTION OF A CAR LEASE WITHOUT A SEPARATE REAFFIRMATION AGREEMENT
KAREN S. JENNEMANN Chief United States Bankruptcy Judge
The issue is whether a debtor can assume a car lease under § 365(p)(2) of the Bankruptcy Code1 without also reaffirming a debt under § 524(c) of the Code. The answer is “yes”. The Debtor can assume his car lease with Ford Motor Credit Company without separately reaffirming the debt and, indeed, without seeking any approval from the Court.
Debtor filed for Chapter 7 relief on May 9, 2014, and received a discharge under § 727…
2Cases cited11 opinions
- Lamie v. United States TrusteeSupreme Court of the United States · 2004
- Corley v. United StatesSupreme Court of the United States · 2009
- Beck v. Gold Key Lease, Inc. (In Re Beck)United States Bankruptcy Court, E.D. Pennsylvania · 2002
- In Re MortensenUnited States Bankruptcy Court, E.D. New York · 2011
- In Re CreightonUnited States Bankruptcy Court, D. Massachusetts · 2007
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3Cited by4 opinions
- In re AbdemurUnited States Bankruptcy Court, S.D. Florida. · 2018
- Bobka v. Toyota Motor Credit Corp.District Court, S.D. California · 2018
- Kayla W SheeleyUnited States Bankruptcy Court, D. Connecticut · 2019
- Kevin AndersonUnited States Bankruptcy Court, D. Massachusetts · 2019