New Bankruptcy Opinion

Posted on Nov 20, 2013

A motion was brought before the United States Bankruptcy Court of the Southern District of Georgia to reopen a discharged bankruptcy case from 2010 for the sole purpose of allowing the debtors to enter into a reaffirmation agreement with their home lender.

The matter of Keith Conner and Wendy Conner came before the Court on September 23, 2013, over 3 years after the final decree was entered and their bankruptcy case closed.  The Debtors argued that in order to obtain a loan modification on their residence, a reaffirmation agreement needed to be in place with Wells Fargo, their lender.  Debtors contend that while their case was pending they could not obtain a reaffirmation with Wells Fargo.

Many previous cases were looked at by Judge Edward J. Coleman, III, in regards to a reaffirmation being unenforceable or futile.  In the end, it was ruled upon that this particular case would not be reopened and the motion was denied.

 

To read the ruling on the Order on Debtors' Motion to Reopen Case in the matter of Keith Conner and Wendy Conner, click here.