Legal Opinion

In Re Mahannah

United States Bankruptcy Court, W.D. Missouri

Decided November 17, 2008No. 14-40381Published

1Opinion of the Court

ORDER DENYING MOTION TO RESCIND REAFFIRMATION AGREEMENT WITH TELCOMM CREDIT UNION

ARTHUR B. FEDERMAN, Bankruptcy Judge.

Debtors seek to rescind a Reaffirmation Agreement with TelComm Credit Union. TelComm opposes their request. This is a core proceeding under 28 U.S.C. § 157(b)(2)(A) and (0) over which the Court has jurisdiction pursuant to 28 U.S.C. §§ 1334(b), 157(a), and 157(b)(1). For the reasons announced at the conclusion of the hearing held November 5, 2008, and for the reasons that follow, the Motion to Rescind Reaffirmation Agreement is DENIED.

The Debtors filed a voluntary Chapter 7…

2Cases cited6 opinions

  1. Pioneer Investment Services Co. v. Brunswick Associates Ltd. PartnershipSupreme Court of the United States · 1993
  2. Margaret Lowry, Appellant/cross-Appellee v. McDonnell Douglas Corporation, Appellee/cross-AppellantCourt of Appeals for the Eighth Circuit · 2000
  3. In Re Design Classics, Inc., Debtor. Design Classics, Inc. v. William P. Westphal, United States TrusteeCourt of Appeals for the Eighth Circuit · 1986
  4. Stephanie Ann Brown v. The County of Genesee, Michigan Council 25, Afscme Afl-Cio, Local 2259Court of Appeals for the Sixth Circuit · 1989
  5. Amtech Lighting Services Co. v. Payless Cashways (In Re Payless Cashways, Inc.)United States Bankruptcy Appellate Panel for the Eighth Circuit · 1999

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