In Re Schwass

378 B.R. 859 (2007)

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Nature of the Case

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Facts

P filed chapter 7. Prior to the filing P had borrowed money from D to purchase a 2001 Ford Explorer. D got a security interest in the Vehicle. P filed a Statement of Intention which indicated that she intended to reaffirm her obligation to D. P filed a Statement of Intention which indicated that she intended to reaffirm her obligation to D. Counsel for P wrote to D requesting that he prepare the reaffirmation agreement. D replied that it had no obligation to prepare the agreement, but that he would do so for a fee payable by P. P replied that it was P's responsibility, thus completing the stalemate. Thirty days elapsed from the date set for the first meeting of creditors and D moved for relief from the stay on the ground that P did not timely follow through with her intention to reaffirm.