Filed: Nov. 05, 2015
Latest Update: Nov. 05, 2015
Summary: ORDER DENYING DEBTOR'S EX-PARTE MOTION TO EXTEND DEADLINE TO FILE REAFFIRMATION AGREEMENT WITH GM FINANCIAL THOMAS J. TUCKER , Bankruptcy Judge . This case is before the Court on Debtor's motion entitled "Ex-Parte Motion to Extend Deadline to File Reaffirmation as to GM Financial," filed November 4, 2015 (Docket # 16, the "Motion"). The Motion seeks "entry of an order extending [the] deadline to file a reaffirmation with GM Financial," so that Debtor can enter into and file a reaffirmation
Summary: ORDER DENYING DEBTOR'S EX-PARTE MOTION TO EXTEND DEADLINE TO FILE REAFFIRMATION AGREEMENT WITH GM FINANCIAL THOMAS J. TUCKER , Bankruptcy Judge . This case is before the Court on Debtor's motion entitled "Ex-Parte Motion to Extend Deadline to File Reaffirmation as to GM Financial," filed November 4, 2015 (Docket # 16, the "Motion"). The Motion seeks "entry of an order extending [the] deadline to file a reaffirmation with GM Financial," so that Debtor can enter into and file a reaffirmation a..
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ORDER DENYING DEBTOR'S EX-PARTE MOTION TO EXTEND DEADLINE TO FILE REAFFIRMATION AGREEMENT WITH GM FINANCIAL
THOMAS J. TUCKER, Bankruptcy Judge.
This case is before the Court on Debtor's motion entitled "Ex-Parte Motion to Extend Deadline to File Reaffirmation as to GM Financial," filed November 4, 2015 (Docket # 16, the "Motion"). The Motion seeks "entry of an order extending [the] deadline to file a reaffirmation with GM Financial," so that Debtor can enter into and file a reaffirmation agreement between Debtor and GM Financial. (See Mot. at ¶¶ 3-4.)
Debtor filed her voluntary petition for relief under Chapter 7 in this case on July 28, 2015. On November 3, 2015, the Court entered an order granting Debtor a discharge under 11 U.S.C. § 727 (Docket # 15).
The deadline to file a reaffirmation agreement is established by Fed.R.Bankr.P. 4008(a) — the deadline is "no later than 60 days after the date first set for the meeting of creditors under § 341(a) of the Code." In this case, the deadline was November 2, 2015.1 Rule 4008(a) also provides that the Court may extend this deadline. But Fed.R.Bankr.P. 4004(c)(1)(J) contemplates that such a motion to extend can only be granted if the discharge has not yet been granted. See Fed.R.Bankr.P. 4008 advisory committee notes to 2008 Amendments ("Rule 4004(c)(1)(J) accommodates . . . an extension [of time for filing a reaffirmation agreement] by providing for a delay in the entry of discharge during the pendency of a motion to extend the time for filing a reaffirmation agreement.").
Under 11 U.S.C. § 524(c)(1), a reaffirmation agreement is not enforceable unless it "was made before the granting of the discharge under section 727." See In re Herrera, 380 B.R. 446, 449-55 (Bankr. W.D. Texas 2007) and cases cited therein.
In this case, it appears that no reaffirmation agreement between Debtor and GM Financial was made before Debtor was granted a discharge on November 3, 2015. As a result, there can be no enforceable reaffirmation agreement between these parties. Because of this, and because the Motion was not timely filed, the Motion must be denied. Accordingly,
IT IS ORDERED that the Motion (Docket # 16) is denied.
