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11-41127 Perry (Doc. # 25) - Document Text

SO ORDERED.
SIGNED this 29th day of November, 2011.

 

IN THE UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF KANSAS


In re:
)
)

BRIAN ROBERT PERRY,
) Case No. 11-41127

)
Debtor. )
____________________________________)


ORDER DENYING APPROVAL OF
REAFFIRMATION AGREEMENT ON CAR LEASE


1

On October 14, 2011, a reaffirmation agreement between Debtor and American

Honda Finance Corp. was filed with the Court. The reaffirmation concerned a lease on

an automobile, rather than a debt secured through a lien on Debtor's property. As a

result, the Court set the matter for hearing, requesting counsel appear to provide any

argument why a reaffirmation agreement was the proper vehicle under these facts.

1 Doc. 22.

Case 11-41127 Doc# 25 Filed 11/29/11 Page 1 of 2


At the hearing, Debtor’s counsel appeared and agreed the lease should not be
handled through the reaffirmation process. No one appeared for American Honda
Finance.

Because the proper method to address this lease is through an assumption of the
lease under 11 U.S.C. § 365(p)(2) rather than a reaffirmation agreement under 11

U.S.C. § 524(c), and because there is no requirement for court approval of the
assumption of a lease, the Court denies approval of the reaffirmation agreement.
IT IS SO ORDERED.
# # #


Case 11-41127 Doc# 25 Filed 11/29/11 Page 2 of 2

 

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