Legal Opinion
In Re Kamps
United States Bankruptcy Court, C.D. California
Decided February 20, 1998No. Bankruptcy LA-97-37220-SBPublishedCited by 20 opinions
1Opinion of the Court
AMENDED OPINION DENYING MOTION TO APPROVE REAFFIRMATION AGREEMENT
SAMUEL L. BUFFORD, Bankruptcy Judge.
I. Introduction
The debtor Christine Kamps has brought this motion to reaffirm a credit card debt. This motion raises two questions: first, what disclosures a creditor must make to a debtor to support a reaffirmation agreement for a prepetition debt under the Bankruptcy Code; 1 and second, what procedures must be followed to create a vahd reaffirmation of a dischargeable debt?
The court holds that the reaffirmation agreement between the bank and the debtor cannot be approved. The court bases…
2Cases cited35 opinions
- Dewsnup v. TimmSupreme Court of the United States · 1992
- Long v. BullardSupreme Court of the United States · 1886
- Long and Wife v. BullardSupreme Court of the United States · 1886
- In Re Sammy G. Daily, Debtor. Federal Deposit Insurance Corp., Receiver for Indian Springs State Bank v. Sammy G. DailyCourt of Appeals for the Ninth Circuit · 1995
- In Re Robert John Price, Debtor. Roy E. Lompa v. Robert John PriceCourt of Appeals for the Ninth Circuit · 1989
30 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Vazquez v. Sears, Roebuck & Co. (In Re Vazquez)United States Bankruptcy Court, N.D. Illinois · 1998
- Wiley v. Mason (In Re Wiley)United States Bankruptcy Court, N.D. Illinois · 1998
- Henry v. Associates Home Equity Services, Inc. (In Re Henry)United States Bankruptcy Court, C.D. California · 2001
- Bassett v. American General Finance, Inc. (In Re Bassett)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2000
- BankBoston, N.A. v. Claflin (In Re Claflin)Bankruptcy Appellate Panel of the First Circuit · 2000
15 more not listed; retrieve them via the Exa API.