Nuckoles v. Ford Motor Credit Co. (In re Nuckoles)

MEMORANDUM DECISION

Rebecca B. Connelly, U.S. Bankruptcy Judge

The question in this case is whether Ford Motor Credit Company LLC (“Ford”) may enforce an ipso facto clause to repossess a vehicle when there is no payment or other contractual default and the bankruptcy court did not review a reaffirmation agreement prior to the debt- or’s discharge. For the reasons explained herein, the Court concludes that the ipso facto clause is unenforceable and Ford violated the discharge injunction.

*652FINDINGS OF FACT

The facts are undisputed. The debtor, Carol Botkin Nuckoles (“Nuckoles” or “debtor”), filed…