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In re Woodford

United States District Court, M.D. Florida, Tampa Division
Feb 25, 1980
No. 79-1485 C (M.D. Fla. Feb. 25, 1980)

Opinion

No. 79-1485 C

February 25, 1980


Bankruptcy Reform Act — Reaffirmation of Debts — Best Interests of Debtor


Reaffirmation of the debtors' obligation was found not to be in their best interests under Section 524(c). The reaffirmation was not necessary for the preservation of the collateral — a motor home — as the debtors were current on their contractual obligation, and the effect of reaffirmation would be a potentially nondischargeable debt should the debtors default. Accordingly, the reaffirmation agreement was not approved by the court. See Sec. 524(c) at ¶ 9241.

[Digest of Opinion]

The debtors sought to obtain an approval of an agreement to reaffirm a debt to the creditor. The loan was secured by the debtors' motor home which was their residence. The debtors were current in their monthly payments and stated that they only wanted to reaffirm the obligation to assure that they would not lose the motor home.

The court determined that reaffirmation was not necessary for the preservation of the motor home. As long as the debtors were current on their contractual obligation, the secured creditor could not deprive the debtors of the collateral. Further, reaffirmation could potentially saddle the debtors to a nondischargeable and unsecured obligation should they default, the motor home be repossessed and the secured creditor obtain an in personam deficiency judgment. Finding that reaffirmation would not be in the best interest of the debtors under Section 524(c) of the Bankruptcy Code, the court refused to grant the motion for reaffirmation of the loan.


Summaries of

In re Woodford

United States District Court, M.D. Florida, Tampa Division
Feb 25, 1980
No. 79-1485 C (M.D. Fla. Feb. 25, 1980)
Case details for

In re Woodford

Case Details

Full title:IN RE WOODFORD

Court:United States District Court, M.D. Florida, Tampa Division

Date published: Feb 25, 1980

Citations

No. 79-1485 C (M.D. Fla. Feb. 25, 1980)

Citing Cases

In re Farmer

As long as they do so, they can keep the collateral. In re Woodford, 1 C.B.C.2d 789 (Bkrtcy.M.D.Fla. 1980).…