Sweet v. Bank of Oklahoma, N.A. (In Re Sweet)

MEMORANDUM OF DECISION AND ORDER GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT

RICHARD L. BOHANON, Bankruptcy Judge.

The issue raised by defendant’s motion for summary judgment concerns the perplexing question of whether a reaffirmation agreement is valid when the debtors don’t attend the hearing conducted for that purpose. We hold that where the debtors are represented by an attorney who makes the proper explanation and declaration the agreement is valid even if the debtors did not attend a hearing where their rights were explained; and that under the circumstances of this case the debtors…