Deadline To File Reaffirmation Agreement

First, the Court finds that the application is largely devoid of merit and legal power. In addition, the proposed confirmation agreement was never submitted to the Court of Justice. As a result, the Court did not even receive the basic conditions of the proposed confirmation agreement, nor the proof of timing or execution. The Court of Justice is not in a position to determine whether a presumption of unwarranted severity has been triggered, which requires a hearing on the merits of the proposed confirmation agreement. See 11 U.S.C 524 (k) (6), (k) (7) and (m) (1). The only relevant fact in the context of the non-reporting of the debtors` confirmation agreement is the confirmed statement in support of the application that „the signed confirmation agreement was not filed in time before the debtors` bankruptcy proceedings were completed.“ The application does not argue that the confirmation agreement was reached prior to the discharge of the debtors. In addition, the Court does not have facts to determine under what circumstances or to whom one or two applications to reopen this case were made for filing the confirmation agreement. The only essential fact that can be determined from the motion is that Mr. Mardy uses the vehicle as a taxi/limousine for work, which is his main source of income. Debtors cannot save their property through confirmation.

It can only be stored for personal belongings. Both the statute and the applicable case law make it clear that a confirmation agreement is not applicable if it is not concluded before the discharge is granted. To confirm a debt, the agreement must be filed in the bankruptcy court before the discharge is registered. Rule 4008, point a), also allows for the extension of the deadline for submitting confirmation contracts „at any time.“ However, the Bankruptcy Act continues to stipulate that reintroduction agreements must be concluded before the burden on a debtor is reduced. Section 4008 is also amended by removing the provisions relating to the date of a confirmation and discharge hearing. As noted above, point 524 m itself requires that hearings be held on unreasonable cases before the discharge is opened.