Legal Opinion
In re Henderson
United States Bankruptcy Court, D. Nevada
Decided May 22, 2013No. Nos. BK-S-12-23691-BAM, BK-S-12-23954-BAM, BK-S-12-24017-BAM, BK-S-13-10960-BAM, BK-S-13-11417-BAMPublishedCited by 1 opinion
1Opinion of the Court
OPINION DISAPPROVING REAFFIRMATION AGREEMENTS
BRUCE A. MARKELL, Bankruptcy Judge.
I. INTRODUCTION
These cases each present a common factual scenario: debtors who wish to reaffirm a car loan that exceeds the value of the car that serves as collateral. The debtors each wish to reaffirm the loan because a car is, among other things, essential to keeping their employment. Even though all debtors are current on their payments, they fear repossession because their purchase contracts make a bankruptcy filing an event of default that allows repossession.
Controlling Nevada law, however, has recently…
2Cases cited16 opinions
- In Re David P. Parker, Sr., Debtor. McClellan Federal Credit Union v. David P. Parker, Sr.Court of Appeals for the Ninth Circuit · 1998
- Samson v. Western Capital Partners, LLC (In re Blixseth)Court of Appeals for the Ninth Circuit · 2012
- In Re RoweUnited States Bankruptcy Court, D. Kansas · 2006
- In Re SteinhausUnited States Bankruptcy Court, D. Idaho · 2006
- In Re AndersonUnited States Bankruptcy Court, D. Delaware · 2006
11 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Nuckoles v. Ford Motor Credit Co. (In re Nuckoles)United States Bankruptcy Court, W.D. Virginia · 2016