The order to re-affirm the electric co. showed up on pacer today, but it was APPROVED and not DENIED like the judge said at the hearing.
That's kinda confusing.
The amount is the same either way. I guess I should leave it alone and move on? I already called the lady at the electric co that day and told her it was denied....she'll think I was lying? lol
(Maybe what changed it is when I asked that the deposit be lowered and he said I would have to object to the approval first and have another hearing? That's probably it, but he still said it was DENIED, hmmmm.)
I think we should just keep it like it is and leave it alone, any opinions on that?
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It said this in the order:
It is therefore ORDERED ADJUDGED and DECREED that:
ORDER APPROVING
Based on arguments of counsel, the pleadings, the evidence before the Court, and the
findings of fact and conclusions of law set forth on the record and incorporated herein by
reference, and based on the Debtor's responses to questioning with respect to the
requirements of 11 U.S.C. Section 524(c) and (d) coupled with the Court's review of the
financial information supplied to the Court by the Debtor, including but not to limited to the
schedules and statement of financial affairs, the Court finds that the repayment of the
reaffirmed obligation will not impose an undue hardship on the Debtor or any dependant of
the Debtor. Accordingly, the Debtor's reaffirmation of this Obligation is APPROVED.
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11 U.S.C. Section 524 (c) and (d):
(c) An agreement between a holder of a claim and the debtor, the consideration for which, in whole or in part, is based on a debt that is dischargeable in a case under this title is enforceable only to any extent enforceable under applicable nonbankruptcy law, whether or not discharge of such debt is waived, only if—
(1) such agreement was made before the granting of the discharge under section 727, 1141, 1228, or 1328 of this title;
(2) the debtor received the disclosures described in subsection (k) at or before the time at which the debtor signed the agreement;
(3) such agreement has been filed with the court and, if applicable, accompanied by a declaration or an affidavit of the attorney that represented the debtor during the course of negotiating an agreement under this subsection, which states that—
(A) such agreement represents a fully informed and voluntary agreement by the debtor;
(B) such agreement does not impose an undue hardship on the debtor or a dependent of the debtor; and
(C) the attorney fully advised the debtor of the legal effect and consequences of—
(i) an agreement of the kind specified in this subsection; and
(ii) any default under such an agreement;
(4) the debtor has not rescinded such agreement at any time prior to discharge or within sixty days after such agreement is filed with the court, whichever occurs later, by giving notice of rescission to the holder of such claim;
(5) the provisions of subsection (d) of this section have been complied with; and
(6)
(A) in a case concerning an individual who was not represented by an attorney during the course of negotiating an agreement under this subsection, the court approves such agreement as—
(i) not imposing an undue hardship on the debtor or a dependent of the debtor; and
(ii) in the best interest of the debtor.
(B) Subparagraph (A) shall not apply to the extent that such debt is a consumer debt secured by real property.
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(d) In a case concerning an individual, when the court has determined whether to grant or not to grant a discharge under section 727, 1141, 1228, or 1328 of this title, the court may hold a hearing at which the debtor shall appear in person. At any such hearing, the court shall inform the debtor that a discharge has been granted or the reason why a discharge has not been granted. If a discharge has been granted and if the debtor desires to make an agreement of the kind specified in subsection (c) of this section and was not represented by an attorney during the course of negotiating such agreement, then the court shall hold a hearing at which the debtor shall appear in person and at such hearing the court shall—
(1) inform the debtor—
(A) that such an agreement is not required under this title, under nonbankruptcy law, or under any agreement not made in accordance with the provisions of subsection (c) of this section; and
(B) of the legal effect and consequences of—
(i) an agreement of the kind specified in subsection (c) of this section; and
(ii) a default under such an agreement; and
(2) determine whether the agreement that the debtor desires to make complies with the requirements of subsection (c)(6) of this section, if the consideration for such agreement is based in whole or in part on a consumer debt that is not secured by real property of the debtor.
That's kinda confusing.
The amount is the same either way. I guess I should leave it alone and move on? I already called the lady at the electric co that day and told her it was denied....she'll think I was lying? lol
(Maybe what changed it is when I asked that the deposit be lowered and he said I would have to object to the approval first and have another hearing? That's probably it, but he still said it was DENIED, hmmmm.)
I think we should just keep it like it is and leave it alone, any opinions on that?
=============
It said this in the order:
It is therefore ORDERED ADJUDGED and DECREED that:
ORDER APPROVING
Based on arguments of counsel, the pleadings, the evidence before the Court, and the
findings of fact and conclusions of law set forth on the record and incorporated herein by
reference, and based on the Debtor's responses to questioning with respect to the
requirements of 11 U.S.C. Section 524(c) and (d) coupled with the Court's review of the
financial information supplied to the Court by the Debtor, including but not to limited to the
schedules and statement of financial affairs, the Court finds that the repayment of the
reaffirmed obligation will not impose an undue hardship on the Debtor or any dependant of
the Debtor. Accordingly, the Debtor's reaffirmation of this Obligation is APPROVED.
===============
11 U.S.C. Section 524 (c) and (d):
(c) An agreement between a holder of a claim and the debtor, the consideration for which, in whole or in part, is based on a debt that is dischargeable in a case under this title is enforceable only to any extent enforceable under applicable nonbankruptcy law, whether or not discharge of such debt is waived, only if—
(1) such agreement was made before the granting of the discharge under section 727, 1141, 1228, or 1328 of this title;
(2) the debtor received the disclosures described in subsection (k) at or before the time at which the debtor signed the agreement;
(3) such agreement has been filed with the court and, if applicable, accompanied by a declaration or an affidavit of the attorney that represented the debtor during the course of negotiating an agreement under this subsection, which states that—
(A) such agreement represents a fully informed and voluntary agreement by the debtor;
(B) such agreement does not impose an undue hardship on the debtor or a dependent of the debtor; and
(C) the attorney fully advised the debtor of the legal effect and consequences of—
(i) an agreement of the kind specified in this subsection; and
(ii) any default under such an agreement;
(4) the debtor has not rescinded such agreement at any time prior to discharge or within sixty days after such agreement is filed with the court, whichever occurs later, by giving notice of rescission to the holder of such claim;
(5) the provisions of subsection (d) of this section have been complied with; and
(6)
(A) in a case concerning an individual who was not represented by an attorney during the course of negotiating an agreement under this subsection, the court approves such agreement as—
(i) not imposing an undue hardship on the debtor or a dependent of the debtor; and
(ii) in the best interest of the debtor.
(B) Subparagraph (A) shall not apply to the extent that such debt is a consumer debt secured by real property.
===========
(d) In a case concerning an individual, when the court has determined whether to grant or not to grant a discharge under section 727, 1141, 1228, or 1328 of this title, the court may hold a hearing at which the debtor shall appear in person. At any such hearing, the court shall inform the debtor that a discharge has been granted or the reason why a discharge has not been granted. If a discharge has been granted and if the debtor desires to make an agreement of the kind specified in subsection (c) of this section and was not represented by an attorney during the course of negotiating such agreement, then the court shall hold a hearing at which the debtor shall appear in person and at such hearing the court shall—
(1) inform the debtor—
(A) that such an agreement is not required under this title, under nonbankruptcy law, or under any agreement not made in accordance with the provisions of subsection (c) of this section; and
(B) of the legal effect and consequences of—
(i) an agreement of the kind specified in subsection (c) of this section; and
(ii) a default under such an agreement; and
(2) determine whether the agreement that the debtor desires to make complies with the requirements of subsection (c)(6) of this section, if the consideration for such agreement is based in whole or in part on a consumer debt that is not secured by real property of the debtor.
Bankruptcy Wizard
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