In the Matter of David Devonte Fairchild

Summary

The United States Bankruptcy Court for the Northern District of Georgia denied the debtor’s amended motion to reopen his Chapter 7 case to file a reaffirmation agreement with Publix Employees Federal Credit Union. The court concluded that the agreement was not made before the debtor received a discharge and that reopening the case to permit its filing would therefore be futile. The court also denied any request for approval of the reaffirmation agreement.

Holdings

1. Reopening the case was unwarranted because permitting the debtor to file the reaffirmation agreement would serve no purpose and would be futile.
2. The reaffirmation agreement was not shown to have been made before entry of discharge and therefore could not be treated as an enforceable reaffirmation agreement under § 524(c).

Questions Presented

1. Whether the closed Chapter 7 case should be reopened under 11 U.S.C. § 350(b) to permit filing of a reaffirmation agreement.
2. Whether the reaffirmation agreement was made before entry of discharge as required by 11 U.S.C. § 524(c).
3. Whether any motion for approval of the reaffirmation agreement should be granted.

Disposition

other