In Re Wilson

2012 WL 2411918 (2012)

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Nature of the Case

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Facts

P and his wife filed chapter 7 bankruptcy. P filed a statement of intention, seeking to reaffirm a debt secured by his 2001 Dodge Caravan. P filed his Reaffirmation Agreement and a Motion for Approval of Reaffirmation Agreement. P reaffirmed his obligation on the Vehicle to D in the amount of $2,040.19, at a fixed annual percentage rate of 9.54%; the Vehicle was purchased for $7,398.37 and is valued at $1,217.00. P proposed 13 monthly payments of $169.05. P's monthly income is $1,204, with monthly expenses of $1,362, which leaves a monthly deficit of $158. P explained that he can afford to make payments because his 'son helps . . . [him] make this payment.' P was represented by counsel during the course of negotiating the agreement, but counsel did not certify in Part IV that the requirements of 11 U.S.C. § 524(c)(3) were met. P's counsel did not approve of the Reaffirmation Agreement. Counsel urged the court to permit a 'ride-through' because P complied with the strictures of 11 U.S.C. §§ 524(c) and 521(a) and has 'made the payments every time' on the Vehicle; he further emphasized that retention of the Vehicle was necessary for the Debtor to transport his wife to medical appointments.