Legal Opinion

In Re Hughes

United States Bankruptcy Court, E.D. New York

Decided January 10, 1989No. 8-15-70143PublishedCited by 3 opinions

1Opinion of the Court

DECISION

MARVIN A. HOLLAND, Bankruptcy Judge:

Must a chapter 7 debtor reaffirm a dis-chargeable personal liability under a retail installment contract in order to retain possession of the security where the agreement purports to give the creditor the right to accelerate and repossess the collateral upon the debtor’s bankruptcy?

FINDINGS OF FACT

1. On June 17, 1986 Hughes financed the purchase of an automobile through a retail installment contract now held by Chrysler Credit Corporation.

2. The face of the contract contains the following in bold print above the signatures:

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2Cases cited11 opinions

Kirke La Shelle Co. v. Paul Armstrong Co.New York Court of Appeals · 1933
Long v. BullardSupreme Court of the United States · 1886
Long and Wife v. BullardSupreme Court of the United States · 1886
Riggs National Bank of Washington, D.C. v. John Gillis Perry, Jr., in Re John Gillis Perry, Jr., DebtorCourt of Appeals for the Fourth Circuit · 1984
Bankr. L. Rep. P 71,503 Chandler Bank of Lyons v. David Jay Ray and Jerold E. BergerCourt of Appeals for the Tenth Circuit · 1986

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3Cited by3 opinions

In Re McNeilUnited States Bankruptcy Court, E.D. Pennsylvania · 1991
G & G Cards & Gifts, Inc. v. Berman (In Re Berman)United States Bankruptcy Court, E.D. New York · 1989
St. Luke's Hospitals of Fargo, Inc. v. Smith (In Re Smith)United States Bankruptcy Court, D. North Dakota · 1990