Legal Opinion
In Re Herrera
United States Bankruptcy Court, W.D. Texas
Decided December 14, 2007No. 19-50419PublishedCited by 13 opinions
1Opinion of the Court
Decision and Order Regarding Reaffirmation Agreement
LEIF M. CLARK, Bankruptcy Judge.
This case involves a creditor who failed to get the debtor to execute a reaffirmation agreement prior to discharge, and so pressed the debtor to file a motion to set aside the discharge for the limited purpose of filing the (untimely) reaffirmation agreement. Can reaffirmation agreements made post-discharge ever be effective? Does it matter if the court grants the sort of motion made here? The short answer to both questions is “no.” The statute regulating reaffirmation agreements unequivocally mandates that a…
2Cases cited21 opinions
- Grupo Mexicano De Desarrollo, S. A. v. Alliance Bond Fund, Inc.Supreme Court of the United States · 1999
- In the Matter of Lewis Anson David Edgeworth, M.D., Debtor. Donna Elaine Houston v. Lewis Anson David Edgeworth, M.D.Court of Appeals for the Fifth Circuit · 1993
- United States v. MatthewsCourt of Appeals for the Fifth Circuit · 2002
- Jamo v. Katahdin Federal Credit UnionCourt of Appeals for the First Circuit · 2002
- United States v. BecerraCourt of Appeals for the Fifth Circuit · 1998
16 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- In Re GolladayUnited States Bankruptcy Court, C.D. Illinois · 2008
- In re JeneretteUnited States Bankruptcy Court, E.D. Michigan · 2016
- In Re EnglesUnited States Bankruptcy Court, N.D. Oklahoma · 2008
- In Re SalasUnited States Bankruptcy Court, W.D. Texas · 2010
- In re SiegalUnited States Bankruptcy Court, D. Massachusetts · 2015
8 more not listed; retrieve them via the Exa API.